What is considered an extreme hardship for a 601 waiver?

Individuals who live in the United States for at least one year and who do not have legal status in the country may be deported. Upon their deportation they may be subject to a 10-year ban on re-entry and may only then, after a decade has passed, apply for legal status to come back. Individuals in Kentucky who fear deportation and the 10-year ban may be eligible for a 601 waiver, which allows a person to adjust their legal status when they would face an extreme hardship if they were deported.

The U.S. Government views many significant hardships that affect immigrant families as standard. For example, if a person is deported and loses their job, thus leaving their family without financial support, this is considered a natural consequence of the deportation process. However, if a person is in the United States to care for an ailing relative, that with other arguments may be enough to secure a waiver.

Bases for waivers fall into four categories, ranging from Level one to Level four. Level one grounds for waivers include but are not necessarily limited to the need of an individual to remain in the country to care for a sick relative who cannot move out of the country or an active war occurring in the individual’s home nation. Level two, three and four grounds for waivers gradually decrease in severity of threat to the individual’s family or safety, and Level one grounds are considered the strongest.

Not everyone who applies for a 601 waiver will be granted one, and individual cases may turn on the facts that are relevant to the individuals’ situations. For more information on extreme hardships and 601 waivers, readers should contact their trusted immigration attorneys as this post does not provide legal advice.



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