Shahzad R. Khan Legal Blog

Tuesday, December 13, 2016

601A - Do Not Underestimate the Hardship

Do not underestimate the power of hardships.  A hardship, alone, may not seem enough to be extreme.  To establish an extreme hardship, it is not necessary to demonstrate that a single hardship, taken in isolation, rises to the level of extreme.  Rather, any relevant hardship factors must be considered in he aggregate, not in isolation.  A person living with an undocumented spouse has a lot to fear.  The fear of separation, the fear of financial ruin, the fear of uncertainty.  Do not assume that your hardship or hardships do not meet the standards for this waiver.  A thorough and complete conversation on the issue of the hardships faced by the US Citizen spouse and potentially will face due to separation must be explored. Moreover, a discussion is necessary about hypotheticals, such as the US Citizen spouse having to move to the home country of the spouse in the event the waiver is denied or the foreign spouse is deported, Moreover, medical, social, language, cultural, religious hardships should also be explored.  

We recently received news of an approval of a 601A waiver.  In this case, the initial review of the hardships did not look to rise to the level of extreme hardship. But after thorough review and research on the hardships, it became very evident that the hardships, collectively, were extreme in nature.  If you are a US Citizen married to an undocumented person, please give us call to discuss the possibility of a 601A waiver. 





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