top of page


Hardship Waivers


The United States Citizenship and Immigration Service allow for certain immediate relatives the ability to adjust their illegal status to that of a legal permanent resident. The opportunity to adjust their status in the United States is officially called the "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives”. This process is most commonly referred to as the “I-601A Hardship Wavier” The most common I-601A waiver applicants are individuals who entered United States through either the Canadian or Mexican border without  being inspected by the US Customs and Boarder Protection.(This is also referred to as Entered Without Inspection (EWI). Subsequently, once in the USA the alien works, lives and starts a family. Unfortunately, they make a life here without legal permission to do so and they are in illegal status and will be barred for at least 10 years from returning to the USA if they leave. The I-601A waiver will allow “certain” immediate relatives of U.S. citizens seek a waiver for unlawful presence and 10 year bar of inadmissibility before going outside the United States to have an Immigrant interview at the consulate in their home country. 

Extreme Hardship Eligibility Requirements
1. Be at least 17 years of age or older.
2. Be an individual who is the spouse, child (unmarried and under 21), or parent of a U.S. citizen.
3. Be the beneficiary of an approved I-130, Petition for Alien Relative.(If not, we will have to file one before we get started)
4. Be able to demonstrate that your US Citizen family member will suffer “Extreme Hardship” if you are not allowed to stay in the United States. Extreme Hardship is a very difficult burden to meet and will take a lot of evidence to support claims of “Extreme Hardship”
5. You need be physically present in the United States
6. Have never been placed in removal proceedings
7. Do not have inadmissibly grounds such as Fraud, Misrepresentation or convictions of crimes involving moral turpitude. 
8. You are not already scheduled for an interview in your home country

For help with your Hardship Waiver Case, 
contact a Massachusetts I-601A Waiver Lawyer online or call 978-566-1075.

bottom of page