This post examines a critical exceptional hardship factor in I-601 waivers: financial hardship.
We have previously discussed how health hardships qualified as an exceptional hardship factor in the I-601 Application for Waiver of Grounds of Inadmissibility.
Many I-601 immigration cases seeking a Visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits will require you to prove exceptional hardship to obtain approval.
For example, such a case may be:
- Cancellation of removal before the immigration judge. Cancellation of removal allows some individuals in removal proceedings to apply to remain in the United States and have the provision terminated.
- Waivers for crimes and immigration fraud. The applicant must prove exceptional hardship in such cases most of the time.
Exceptional hardship for I-601 Waivers
Immigration officers, evaluating I-601 Waivers, will consider financial hardship to evaluate your case. Exceptional hardship for I-601 Waivers can take many forms, including:
- Emotional
- Health
- Financial.
This article discusses an aspect of Exceptional hardship and how you can prove financial hardship in I-601 Waiver Applications.
It is a common misconception that you have to be the sole breadwinner for your family to prove financial hardship in I-601 Waivers. Being the only source of income for your family is insufficient and by no means the case.
Both a sole provider and an individual who provides essential financial support can prove financial hardship.
Exceptional Hardship: Required Supporting Financial Hardship Documentation
The types of papers you need to prove financial hardship include:
- proof of income like pay stubs or your income tax returns;
- family expenses you incurred to support your family include rent or mortgage, utilities, food, and transportation;
- health-related expenses: doctors visits and medication
You will also need papers to prove your response to the following questions:
Why can’t you support your family from or in your home country?
The issue of supporting your family from your country of origin is a two-part question:
- If your family can’t move back with you, why can’t you send them money to support them from abroad?
- If your family can move back with you, why can’t you support them there?
The types of documents you must produce for I-601 Waivers concern the poverty levels in your country. You are also required to produce documentation proving your qualifications and your potential income if you find a job with your qualifications in your country.
Isn’t there someone else who can take over your current financial responsibilities?
For example, the immigration officer will ask why your spouse cannot support your family in your absence.
Would your spouse earn enough to make up for the income lost due to you returning to your home country?
The supporting documentation needed to respond to these questions should prove that your spouse cannot work. You need to produce evidence to support your case and prove your spouse’s responsibilities, such as children, caring for an elderly parent, or other specific issues.
Another scenario would be that your spouse’s income is insufficient to support the family. The response to this question could also be that no one else can take over your financial responsibilities. Insufficient funds is often the case in single-parent households.
Cancellation of removal case or a waiver case doesn’t hinge on just financial hardship.
The I-601 and I-601A waiver application requires a considerable amount of supporting documentation. Immigration officers examing your case will scrutinize every document produced. If any, combined with all other factors in your case, the financial hardship is key to the procedure’s outcome. We will discuss them here on our blog soon. Here are a few important things you need to keep in mind about Provisional Unlawful Presence Waivers:
- the provisional waiver process does not change the immigrant visa process;
- approval of a provisional unlawful presence waiver will take effect after you depart the United States and appear for an interview where a consular officer of the Department of State will determine your eligibility to receive an immigrant visa.
For more detailed information on I-601 Waivers concerning your specific case, contact us now. We’ll examine your particular circumstances and how they may relate to exceptional hardship and amount to financial hardship. Call us at (916) 613-3553 or use the following form to send us a description of your case, and we’ll get back to you as soon as possible.
We have offices in Sacramento and Stockton in California and serve clients in the U.S. and internationally.