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Obtaining a 601 waiver for extreme hardship

For most people, separation from family and other loved ones is a hardship. You may be willing to make any sacrifice to be with your loved ones and find it overwhelming to be apart for any length of time. This is why the thought of deportation and leaving your family behind in Kentucky may be too much to bear.

Nevertheless, if you are in danger of removal or ineligible for re-admittance into the U.S., you may feel more than sorrow about separation from your family. If you have a loved one who depends on you, obtaining permission to enter or re-enter the country may be a matter of life and death.

Admissibility ban

There are numerous reasons why the U.S. Citizenship and Immigration Services would impose a ban on entry into the U.S. For example, if you lived in the United States for more than a year without proper documentation or after your visa or green card expired, you fall under a 10-year re-entry ban once you leave the country -- which you must do to become a lawful resident.

A 10-year ban can seem like an eternity under the best circumstances, but if you have a sick or elderly family member who relies on you for care, it can be a serious situation. For this reason, USCIS considers applications for a 601 waiver of the admissibility ban for those who have extreme hardships.

What is an extreme hardship?

Removal from the U.S. for 10 years means you will likely lose your job, endure separation from your family and friends or have to uproot your family to return with you to your home country. These are natural consequences of the removal process, and the USCIS does not consider them extreme hardships, even if it means separation from your small children. In order for a circumstance to be an extreme hardship, you must prove to immigration agents that one or more of the following conditions exists:

  • You are responsible for the care of a close relative (typically your spouse or parents) whose medical condition makes it impossible for him or her to travel with you.
  • Your close relative is ill, aging or has a serious condition, and traveling out of the U.S. would be difficult.
  • Your relative depends on your income to pay his or her debts.
  • Your home country is actively at war, in the midst of political turmoil or in a state of extreme poverty.

There are numerous other options to consider to avoid deportation and separation from your loved ones, but they require you to present convincing evidence that your removal would be a severe adversity for your loved one. With the assistance of a legal professional, you may be successful in obtaining a 601 waiver.

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