Proving Extreme Hardship
Simply having a U.S. citizen family member is not enough to succeed in setting aside that bar. Many Americans reside outside the U.S. with their families. You do not have a right to live with your family inside the U.S.
In order to set aside the bar and immigrate the foreigner, the U.S. citizen relative must suffer an extreme hardship if the bar is not lifted.
Every U.S. citizen who is forced to move out of the U.S. will suffer a hardship. Hardship alone is not enough. It must be extreme. In most cases, the U.S. citizen must generally show he or she is prevented from living outside the U.S. due to a serious and permanent medical condition or some combination of hardships that are unique to your situation and not common to many others, and are extreme.
Your case must stand out above others, calling out for justice. From the standpoint of the U.S. government many Americans live outside the U.S., so why not you?
If you can point to one or more hardships that are extreme and unusual, then there is a good chance the bar can be lifted.
Our law firm has obtained many i601 and i601A bar waivers. This is one of our areas of expertise. Our managing attorney is excellent at identifying hardships and circumstances that are compelling and that you might not consider.
A good hardship case screening is important. Call to discuss and let’s see what is possible.
Sometimes, it turns out the foreign loved one is not barred or that a bar can be avoided without the need for a waiver. Each case is different and each person’s case can be compelling.
Call for Assistance — We will discuss your situation and how we may assist you. If you call us we do not charge for initial phone consultations. You may also fill in our free evaluation form.
Ultimately, a phone call would be necessary to discuss. We will want to determine whether in fact a bar applies or not. If so, we will examine the chances of setting aside the bar by use of a 601 waiver, and what it would cost for us to represent you.