How to Win Your Deportation Case With Cancellation of Removal

Facing deportation can feel like your life is being turned upside down. But if you’re in removal proceedings, you may not be out of options. One of the most important tools to stop deportation—and possibly gain lawful status—is a legal remedy known as Cancellation of Removal.

Cancellation of removal is a powerful legal remedy in U.S. immigration law that allows certain non-citizens—both lawful permanent residents (LPRs) and undocumented individuals—to stop deportation and obtain legal status. If approved, it converts a person’s status from “deportable” to “lawfully admitted for permanent residence.”

This form of relief is granted at the discretion of an immigration judge, based on the immigrant’s background, family ties, and the hardship their removal would cause.

In this guide, you’ll learn what cancellation of removal is, who qualifies, how the process works, and what forms and evidence you’ll need to file a strong case.

What Are Removal Proceedings?

Removal proceedings are the legal process the U.S. government uses to deport noncitizens. These hearings take place in immigration court and are handled by the Executive Office for Immigration Review (EOIR).

Removal proceedings may begin if:

• You are undocumented
• You overstayed a visa
• You committed certain crimes
• You applied for an immigration benefit and were denied

In rare cases, even naturalized citizens can face removal if the government claims fraud in their application.

Learn more: EOIR Overview – U.S. DOJ

How the Removal Process Works

1. Notice to Appear (NTA): This document from ICE starts the process and lists the reasons you’re considered deportable.
2. Master Calendar Hearing: A brief first court appearance (usually 15 minutes) to schedule future hearings.
3. Individual Hearing: You present your evidence and legal arguments for staying in the U.S.
4. Decision: If the judge issues a removal order, you may appeal to the Board of Immigration Appeals (BIA) or federal courts.

Warning: If you miss a hearing, the judge can issue a removal order in absentia, meaning you’ll be deported without being present.

Key Facts:

Deportation orders are issued by Immigration Judges.

• Non-citizens removed from the U.S. may be barred from returning for 5, 10, or even 20 years—or permanently.
• Only U.S. citizens are fully protected from removal.

If you or a loved one is facing deportation, consult a qualified immigration attorney immediately.

What Can Trigger Deportation Proceedings?

Under the Immigration and Nationality Act (INA) §237, immigrants can be placed in removal proceedings for:

• Visa overstays or status violations, such as entering the U.S. without inspection
• Criminal convictions
• Smuggling or trafficking
• Fraudulent marriage to gain immigration benefits
• Document fraud or misrepresentation
• Firearm offenses
• Drug crimes
• Becoming a public charge (rare)
• Engaging in national security threats or terrorism

Everyday actions can also cause issues, such as:

• Registering to vote: Even by mistake, this can trigger expedited removal.
• Failing to update your address with USCIS: Use this online form to stay compliant.

What Is Relief From Removal?

Relief from removal is a legal defense you can request to stop or delay deportation. You may qualify for multiple types of relief depending on your circumstances. Some result in permanent residency, while others provide time to prepare or apply for another legal status.

What Is Cancellation of Removal?

Cancellation of Removal is a type of legal relief that allows certain immigrants—both lawful permanent residents (LPRs) and undocumented individuals—to avoid deportation and either keep or obtain lawful status. Removal cancellation is a provision under the Immigration and Nationality Act (INA) that serves as a relief mechanism for aliens in removal proceedings, highlighting eligibility criteria for both permanent and non-permanent residents.

This relief is discretionary, meaning it’s up to the immigration judge to decide whether to grant it, even if you meet all the eligibility requirements.

There are three main types of cancellation of removal, each with different requirements:

• For Green Card Holders (Lawful Permanent Residents/LPR)
• For Non-Green Card Holders (Undocumented or Visa Overstays/Non-LPR)
• For Survivors of Abuse (VAWA)

Let’s break down each of these programs.

Before we dive into the requirements of the various cancellation categories, let’s look at why this program is so important now.

 Why Cancellation of Removal Is More Urgent Than Ever

A Rapid Shift in Immigration Policy Is Here

Trump’s administration has initiated a mass deportation effort to arrest and deport millions of immigrants.

The hardline enforces in the White House have dramatically expanded deportation operations, using:

• ICE agents bolstered by National Guard and military personnel
• State and local police
• A new network of large-scale detention facilities in Texas

According to Migration Policy Institute, nearly 11.3 million undocumented immigrants were living in the U.S. in 2022. A majority—7 million—have been in the country for over a decade.

That’s where Cancellation of Removal becomes one of the most powerful and necessary forms of defense.

Key Statistics That Make This Urgent

• 3.5 million undocumented immigrants live with at least one U.S. citizen child under 18
• 2 million are married to U.S. citizens or LPRs
• 1.5 million have legal protections through TPS or DACA, which the Trump team has vowed to eliminate
• Each immigration judge currently handles an average of 4,500 cases
• More than 4 million total cases are pending in immigration court
• 1.3 million new cases were added just in 2024

How Many Applications Are Granted Each Year?

There is a statutory cap of 4,000 approvals per year for non-LPR cancellation of removal. Once that cap is reached, cases may be delayed, even after the immigration judge approves the application.

Only 7% of pending immigration court cases involve cancellation of removal, even though millions may qualify.

These numbers underscore why eligible immigrants must act now—and why immigration advocates and attorneys need to proactively screen their clients for eligibility.

 What Judges Consider in These Cases

Cancellation of removal is not automatic—even if you meet the legal requirements. Immigration judges have broad discretion and weigh factors like:

• Length of time in the U.S.
• Ties to family and community
• Involvement in community service or religious organizations
• Employment history and tax contributions
• Evidence of rehabilitation if you have a past record

Positive factors may tip the balance in your favor.

The court may also consider negative factors like prior immigration violations, false claims to citizenship, or repeat criminal behavior.

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The judge must look at the totality of circumstances—all hardship factors combined—not just one issue in isolation.

See the EOIR data portal:
Immigration Court Statistics – EOIR

Now let’s dive into the key requirements for Cancellation of Removal cases.

 

1. Cancellation of Removal for Lawful Permanent Residents

T To qualify under INA § 240A(a), you must meet all of the following:

• Lawfully obtained green card
• At least 5 years as a lawful permanent resident
• At least 7 years of continuous residence in the U.S. after being admitted
• No conviction of an aggravated felony (this includes serious crimes like drug trafficking, sexual abuse of a minor, or murder)
• No past cancellation grants
• Discretionary Relief: The judge must find that you deserve to stay in the U.S. based on equities like family ties, rehabilitation, and hardship.

If granted, the applicant retains her/his green card.

Note: Even if a crime isn’t considered a felony under state law, it may still count as an aggravated felony for immigration purposes under INA §101(a)(43).

Learn more: List of Aggravated Felonies – INA §101(a)(43)

As discussed below, certain criminal acts will “stop” the accumulation of continuous presence.

2. Cancellation of Removal for Nonpermanent Residents

If you are undocumented or entered without inspection, you may be eligible under the 10-Year Rule under INA § 240A(c).

To qualify, you must prove:

• A continuous period of 10 years of physical presence in the U.S.
• Good moral character for those 10 years
• No disqualifying criminal convictions
• Exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, child, or parent

Under INA § 240A(c), certain individuals are not eligible for this relief. You cannot apply if you:

• Previously received:
• Cancellation of removal
• Suspension of deportation
• INA § 212(c) relief (for LPRs)
• Have persecuted others or are deportable under anti-terrorism provisions
• Entered as a crew member after June 30, 1964
• Entered on a J-1 visa subject to a two-year home residency requirement, unless waived

Discretion: Final Judge’s Decision

Even if all requirements are met, immigration judges have full discretion to approve or deny the application.

Important Warning

Do not file a non-LPR cancellation case just to try and stop deportation unless you are already in removal proceedings and has a strong case. These cases are difficult to win, especially due to the requirement of proving “exceptional and extremely unusual hardship.”

Important: The 10-year period stops as soon as you are served with a Notice to Appear (NTA) or commit certain crimes. This is known as the “stop-time rule.”

If granted, the applicant receives a green card.

Get the official statute here:
INA §240A – Cancellation of Removal

Read More:

DOJ Flyer

ICE Guide

3. Special Rule (VAWA) Cancellation of Removal

Also known as 3-Year Cancellation, this version is for survivors of domestic abuse, including:

• Spouses or children of abusive U.S. citizens or LPRs

Eligibility Requirements:

• You (or your child) were subject to battery or extreme cruelty
• You lived with the abuser
• 3 years of continuous physical presence in the U.S.
• Good moral character during that time
• Not inadmissible or deportable for serious crimes
• You or your child would suffer extreme hardship if deported
• You are not subject to any grounds of inadmissibilily

You do not need to be married to the abuser or even still living with them to qualify.

If granted, the applicant receives a green card.

How to Apply for Cancellation of Removal

The cancellation process has two stages in immigration court:

Stage 1: Removal Determination

• The judge determines whether you’re deportable
• You can admit or contest the charges

Stage 2: Relief Application

• If eligible, you tell the court you’re applying for cancellation
• You attend a merits hearing, where you present evidence and testimony
• The judge decides whether to approve your request

Application Process: What Forms and Evidence You’ll Need

If you are in removal proceedings and believe you qualify, here’s what to file:

Document	Purpose
EOIR-42A	For LPRs applying for cancellation of removal
EOIR-42B	For non-LPRs applying for cancellation of removal
G-325A	Biographic information
Filing fee ($100) or Form I-912	Request to waive the fee
Biometrics fee ($85)	For fingerprinting and background checks
Passport photos (2)	One for the court, one for DHS
Certificate of Service	Proof that both the court and DHS received your application
Supporting evidence	Medical records, tax returns, school transcripts, letters, etc.

Understanding Continuous Physical Presence for Non-LPR

For non-LPRs, 10 years of continuous physical presence is required.

How the “Stop-Time Rule” Works

The 10-year countdown stops when:

1. The immigrant is served a Notice to Appear (NTA), or
2. The immigrant commits a removable offense

If your NTA lacks a specific date/time, recent rulings (e.g., Pereira v. Sessions, 2018) may mean the stop-time rule was not triggered. This can be critical for your case.

Exceptions:
Military service members with at least 24 months of honorable U.S. service, and some pre 1997 deportation cases, may be exempt from this requirement.

Proving 10 Years of Continuous Presence

The 10-year clock ends the day you’re issued a Notice to Appear (NTA). Time after receiving the NTA doesn’t count. You can use documents like:

• Rent or mortgage records
• Utility bills
• Pay stubs and tax returns
• Medical records
• School records for your children
• Affidavits from community members

Note: Brief departures (under 90 days at a time, and less than 180 days total) may not break continuous presence.

 Exceptional and Extremely Unusual Hardship for Non LPR

Proving exceptional and extremely unusual hardship to a qualifying relative is one of the toughest requirements for non-LPR cancellation. This is a very high standard. It means your qualifying relative must face hardship that goes well beyond normal difficulties of family separation.

According to Matter of Monreal, 23 I&N Dec. 56 (BIA 2001), judges must consider factors like:

• Age, health, and special needs of the qualifying relative
• Educational, medical, and financial conditions in the home country
• The qualifying relative’s length of U.S. residence and community ties
• The total effect of all hardship factors combined

Who Must Experience the Hardship?

Only a qualifying relative:

• U.S. citizen or LPR spouse
• U.S. citizen or LPR child (under 21, unmarried)
• U.S. citizen or LPR parent

What Counts as “Exceptional and Extremely Unusual”?

Standard is very high—ordinary hardship is not enough.

Relevant Factors:

• Child’s or spouse’s serious illness
• Educational or developmental issues
• Lack of medical care in home country
• Family separation with no support system abroad
• Serious medical conditions with no access to treatment abroad
• Educational or developmental needs of a child
• Language barriers and lack of support in the home country
• Emotional and psychological impact on family

 

Hardship examples that may qualify:

• A child with a serious medical condition who can’t get treatment abroad
• A U.S. citizen spouse with severe mental health challenges
• Lack of family, safety, education, or healthcare in the home country

 

Real-Life Example: When Cancellation Works

In Matter of Recinas, a single mother of six U.S. citizen children won cancellation. Her case showed:

• Lack of family support in her home country
• Her children’s inability to adapt abroad
• Her sole role as provider and caretaker

This case set an important precedent and shows how thorough documentation of hardship can

Creative Legal Strategies That Worked

1. Medical Condition – Peanut Allergy

A child’s life-threatening peanut allergy was key in a successful case. The judge was convinced that:

• EpiPens were unavailable or unreliable in the home country
• Schools didn’t understand or accommodate peanut allergies
• Deportation could put the child’s life in danger

2. Caregiver Burden – Teen with Disabled Sibling

In another case, a mother was the sole caregiver to her adult disabled son. While he wasn’t a qualifying relative due to age, the judge approved cancellation because:

• Her teenage daughter (a qualifying relative) would be forced to care for her brother alone
• That responsibility placed exceptional emotional and developmental pressure on the daughter

Judges look at the total impact on the qualifying relative. A compelling hardship narrative and strong documentation can make or break your case.

Common Challenges and Tips for Success

Challenge	Tip for Overcoming It
Proving 10 years of presence	Gather old pay stubs, school records, lease agreements, medical records, or affidavits from community members
Demonstrating good moral character	Collect letters from employers, religious leaders, neighbors, and community organizations
Showing exceptional hardship	Document medical needs, school records, therapy reports, and economic dependency
Time limits / child aging out	Request expedited decision if a child is turning 21 soon

The qualifying child must still be under 21 on the date the judge finalizes the grant. Matter of Isidro, 25 I&N Dec. 829 (BIA 2012)

What is Good Moral Character (GMC) for Non-LPR?

To qualify for cancellation, applicants must prove 10 years of Good Moral Character, separate from the 10-year physical presence. Even if a convition is not an aggravated felony and is not a statutory bar, it could negatively impact the good moral character determination.

Criminal Bars: Aggravated Felonies & Crimes Involving Moral Turpitude for Non-LPR

Certain convictions will bar immigrants from non-LPR cancellation of removal and other forms of relief. Other convictions will not bar relief, but negatively impact the determination of good moral character.

What Are Aggravated Felonies?

Aggravated felonies are bars to all cancellation cases. Defined broadly in INA §101(a)(43). Includes:

• Murder, rape
• Drug trafficking
• Money laundering
• Theft/burglary (with 1+ year sentence)
• Child pornography
• Alien smuggling
• Fraud ($10,000+ loss)

Crimes Involving Moral Turpitude (CIMT)

Vague but includes crimes involving:

• Fraud
• Theft
• Assault with intent
• Serious harm or dishonesty

Important:
Even a single CIMT with a potential sentence of one year can make a non-LPR ineligible.

You cannot apply if you’ve been convicted of:

• Crimes involving moral turpitude (CIMTs)
• Drug crimes (except minor marijuana possession)
• Domestic violence, stalking, or child abuse
• Aggravated felonies
• Prostitution-related offenses
• Firearms crimes
• High-speed flight from immigration checkpoint
• Espionage, terrorism, or false claim to U.S. citizenship

Narrow Exception: One Petty CIMT

A single CIMT conviction may not bar eligibility if:

• Max sentence possible < 1 year
• Actual sentence ≤ 6 months
• It’s the only CIMT

Example: Harry qualifies; Carrie doesn’t—Carrie’s theft statute carries a max sentence of one year.

Factors that Hurt GMC

• Habitual drunk driving
• Criminal convictions (180+ days sentence)
• False testimony or fraud
• Multiple gambling convictions
• Involvement in genocide or torture
• Are involved in prostitution, gambling, or smuggling
• Even if you’re not automatically barred, the judge may weigh negative factors:
• Failing to pay taxes
• Past arrests (even without jail time)
• Substance abuse issues
• Theft and burglary
• Drug possession (excluding first-time marijuana possession under 30g)
• Assault or domestic violence

Judges will also weigh positive factors, such as:

• Community service
• Family responsibility
• Rehabilitation
• Strong employment history and tax filings

• Rehabilitation (e.g., AA attendance, therapy)

Unlike physical presence, the 10-year good moral character clock continues until your final hearing.

Even dismissed or old convictions may count. You should:

• Obtain all court records and police reports
• Consult an immigration attorney to assess their impact

Eligibility Requirements Overview

Requirement	Key Rule
Continuous Physical Presence	10+ years before NTA service
Good Moral Character (GMC)	For 10 years prior to final decision
No Disqualifying Criminal Convictions	Under INA §§ 212(a)(2), 237(a)(2), 237(a)(3)
Hardship to Qualifying Relative	Must be “exceptional and extremely unusual”

Disqualifying Criminal Offenses for Non-LPR

Action	Bars GMC?	Bars Cancellation?
Drug trafficking	Yes	No (if not convicted)
CIMT conviction	Yes	Yes
Prostitution conviction	Yes	Yes
Habitual drunkard	Yes	No

Tip: Judges may deny cancellation based on discretion, even if no crime bars apply.

Understanding Continuous Physical Presence/ “Stop-Time” Rule for LPR

The stop-time rule determines when the clock stops on your 7-year continuous residence requirement. A notice to appear (NTA) or certain criminal offenses can cut off your ability to meet this time requirement.

Key Takeaway from Barton v. Barr (2020)

In Barton v. Barr, the Supreme Court held that committing certain criminal offenses—even if they don’t make you removable—can trigger the stop-time rule. That means your 7-year clock can stop running before you’ve reached the required period of residence, making you ineligible.

Read the case: Barton v. Barr, 140 S.Ct. 1442 (2020)

How Do Crimes Affect Eligibility for LPR?

Criminal convictions, especially aggravated felonies, can bar eligibility. However:

• Aggravated felonies permanently disqualify someone from LPR cancellation.
• If the offense isn’t drug-related, INA § 212(h) may offer a waiver.
• Old convictions (pre-1997) may be waived under INA § 212(c) if eligible.

Not all deportable offenses bar cancellation. Key is whether they also make you inadmissible under § 212(a)(2). More on this in Section 5.

Common Criminal Offenses That May Trigger the Stop-Time Rule

• Crimes Involving Moral Turpitude (CIMT)
• Controlled Substance Violations
• Firearm Offenses
• Domestic Violence-Related Convictions

These don’t need to make you removable to trigger the stop-time rule—they just need to be offenses that would have made you inadmissible under INA § 212.

Understanding the 5-Year and 7-Year Rules

• 5-Year LPR Requirement:
  • You must have had LPR status for 5 years, including any time as a conditional resident.
  • Time continues during your immigration proceedings until the final decision.
• 7-Year Continuous Residence:
  • Begins when you are admitted in any status (e.g., visitor, student, LPR).
  • Ends when:
    • You commit an offense listed in INA § 212(a)(2) or
    • You are served with a valid Notice to Appear (NTA) with time, date, and place listed.

Stop-Time Rule and Barton v. Barr Explained

The “stop-time” rule ends your 7-year residency clock in two situations:

• When you are served a valid NTA (must include date/place/time).
• When you commit an offense listed in INA § 212(a)(2) that makes you inadmissible or deportable.

In Barton v. Barr (2020), the Supreme Court ruled:

• Even if an LPR is not being admitted into the U.S., they can still be “rendered inadmissible” under INA § 212(a)(2).

Examples of Offenses That Stop the Clock:

• Conviction of a crime involving moral turpitude (CIMT) not covered by petty offense exception.
• Controlled substance offense (including marijuana under federal law).
• Conviction of two or more crimes with a combined sentence of 5+ years.

Examples That Do NOT Stop the Clock:

• CIMT that qualifies for petty offense or youthful offender exception.
• Offenses listed under INA § 237(a) only (e.g., domestic violence) if not referred to in § 212(a)(2).
• Admitted use of marijuana in a state where legal, unless it meets federal criteria for conviction/admission.

For more, see: Practice Advisory on Barton v. Barr

Legal Strategies: Post-Conviction Relief & Waivers

If your conviction is blocking relief:

• Post-conviction relief: Try vacating the conviction for legal error.
• 212(h) waiver: Offers relief from certain inadmissibility grounds.
• 212(c) waiver: Available for pre-1997 convictions.

Explore: Post-Conviction Options for Immigrants (ILRC Guide)

Discretionary Factors: How Judges Decide

Even if you meet all criteria, a judge can still deny relief. They consider:

• Family ties in the U.S.
• Length of residence.
• Employment and community service.
• Rehabilitation efforts.
• Criminal history and remorse.

Tip: Submitting letters of support, therapy records, and proof of rehabilitation can help your case.

After Relief: Can Past Crimes Still Harm You?

Yes, in some cases:

• If a new crime combines with an old conviction, you could face deportability again (e.g., 2 CIMTs).
• The old conviction might still block adjustment of status unless you file another waiver.

Alternative Relief: INA § 212(h) and § 212(c)

• 212(h): Waives inadmissibility for CIMTs, single drug offenses (not trafficking), and more.
• 212(c): Still available for pre-1997 convictions if you were eligible as of April 1, 1997.

They cannot be combined with each other or with LPR cancellation. Learn more: ILRC Guide to INA § 212(h)

Strategies After Barton v. Barr

Despite the harshness of the Barton decision, there are still strategies that may help:

1. Challenge Whether the Offense Stops Time

• Argue that the offense does not trigger inadmissibility under INA § 212.
• Point out that timing matters—if the offense occurred after you reached 7 years, it doesn’t stop time.

2. Push Back on the NTA

• Courts have ruled that defective NTAs (e.g., missing time/date info) may not trigger stop-time.
• See Pereira v. Sessions, 138 S. Ct. 2105 (2018) and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021).

Resource: Practice Advisory – Avoiding the Stop-Time Rule after Barton v. Barr (ILRC)

Step-by-Step Approach to Evaluating Eligibility

Step	Question
1	Are you in removal proceedings as an LPR?
2	Have you been an LPR for at least 5 years?
3	Have you continuously resided in the U.S. for at least 7 years after lawful admission?
4	Did any criminal offense or NTA stop your time before 7 years were reached?
5	Have you avoided conviction of an aggravated felony?
6	Do you have strong discretionary factors (rehabilitation, family, etc.)?

Discretionary Factors Immigration Judges Consider

Even if you’re eligible, the judge can still deny your request. They will consider:

• Family ties and hardship to U.S. relatives
• Length of time in the U.S.
• Employment and community contributions
• Rehabilitation efforts
• Moral character and remorse
• Evidence of danger to society

VAWA CANCELLATION OF REMOVAL

VAWA (Violence Against Women Act) Cancellation of Removal is a form of relief available to non-citizens in the United States who have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This relief allows eligible individuals to apply for cancellation of removal and adjust their status to that of a lawful permanent resident.

Eligibility Criteria:

To qualify for VAWA Cancellation of Removal, an applicant must meet the following requirements:

1. Qualifying Relationship and Abuse:
   • The applicant must have been battered or subjected to extreme cruelty by:
     • A spouse or former spouse who is a U.S. citizen or LPR;
     • A parent who is a U.S. citizen or LPR; or
     • The applicant is the non-abusive parent of a child who has been battered or subjected to extreme cruelty by the other parent who is a U.S. citizen or LPR.
2. Continuous Physical Presence:
   • The applicant must have been continuously physically present in the United States for at least three years immediately preceding the application. Notably, the issuance of a Notice to Appear does not stop this time period, but committing certain crimes does.
3. Good Moral Character:
   • The applicant must demonstrate good moral character during the three-year period immediately preceding the application. Certain criminal convictions or actions may adversely affect this determination.
4. Extreme Hardship:
   • The applicant must establish that their removal would result in extreme hardship to themselves, their child, or their parent. Factors considered include the nature and extent of physical or psychological consequences of abuse, the impact on health and well-being, and other personal circumstances.
5. Admissibility:
   • The applicant must not be inadmissible under certain sections of the Immigration and Nationality Act (INA), such as those related to criminal convictions, security grounds, or fraud. However, some grounds of inadmissibility may be waived if connected to the abuse suffered.

Application Process:

• Initiation of Removal Proceedings:
  • VAWA Cancellation of Removal is applied for during removal (deportation) proceedings before an immigration judge. If the applicant is not already in such proceedings, it may be possible to be placed in removal proceedings to apply for this relief. However, this strategy carries significant risks and should only be considered under the guidance of an experienced immigration attorney.
• Submission of Form EOIR-42B:
  • The applicant must complete and submit Form EOIR-42B, “Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents,” along with supporting documentation to the immigration court.
• Evidentiary Requirements:
  • Evidence supporting the application may include:
    • Police reports, medical records, or court documents demonstrating the abuse.
    • Affidavits from witnesses or professionals attesting to the abuse and its impact.
    • Documentation proving continuous physical presence, such as employment records, utility bills, or school records.
    • Proof of good moral character, which may include letters of recommendation, community service records, and absence of a criminal record.
• Immigration Judge’s Discretion:
  • The immigration judge has the discretion to grant or deny the application based on the evidence presented and the applicant’s overall circumstances.

Important Considerations:

• Legal Representation:
  • Given the complexity of immigration law and the high stakes involved, it is crucial for applicants to seek competent legal representation. An experienced immigration attorney can provide guidance tailored to the individual’s situation and help navigate the application process effectively.
• Comparison with Other Forms of Relief:
  • VAWA Cancellation of Removal differs from the VAWA self-petitioning process. While both are forms of relief for survivors of abuse, they have distinct eligibility requirements and application procedures. Understanding these differences is essential to determine the most appropriate form of relief.
• Impact of Criminal Convictions:
  • Certain criminal convictions can disqualify an applicant from VAWA Cancellation of Removal. However, if the criminal conduct was connected to the abuse suffered, it might be possible to obtain a waiver.

VAWA Cancellation of Removal provides a pathway for certain non-citizens who have been victims of abuse to seek relief from deportation and obtain lawful permanent residency. Meeting the eligibility criteria and effectively presenting the case requires careful preparation and, ideally, the assistance of knowledgeable legal counsel.

Work Authorization While Awaiting a Decision

After filing your Form EOIR-42B and paying the fee, you may apply for a work permit (EAD). It’s usually valid for one year and can be renewed while waiting for your final hearing or decision.

How Long Does the Process Take?

For non-detained individuals:

• Average wait time: 3 to 5 years
• Final hearing often takes place 18 to 30 months after your initial appearance
• Green card approval may take 12 to 18 months after the judge grants relief (due to annual cap of 4,000 approvals)

If detained:

• The process may move faster, but it is more difficult to win from detention

Public Charge Considerations

Public charge grounds typically do not bar cancellation of removal.

Even if you’ve used public benefits like Medicaid or SNAP, this usually won’t affect your cancellation application.

Learn more:
Public Charge Rule FAQs – USCIS

Beware of Scams: No One Can Apply for Cancellation Without Being in Court

There is no form to apply for cancellation of removal unless you are already in immigration court. Beware of notarios or unlicensed consultants who claim otherwise.

Some scams involve filing fake asylum claims to trigger court proceedings—this can backfire and ruin your chances for cancellation.

Preparing While You’re Not in Removal Proceedings

If you aren’t currently in court, you can still prepare:

• Save documentation of your presence and ties in the U.S.
• Keep records of your children’s medical or educational needs
• Address any criminal history (get dispositions, seek expungements)
• Demonstrate rehabilitation (attend support programs, therapy)
• File taxes using a valid ITIN and never claim false dependents

Other Forms of Relief from Deportation

If cancellation of removal isn’t available, there may still be hope.

Main Types of Relief From Removal

Apply for Asylum

If you fear persecution in your home country, you can apply for asylum as a defense to deportation.

You must show:

• A well-founded fear of persecution due to your race, religion, nationality, political opinion, or membership in a particular social group
• Persecution by the government or a group the government can’t control
• You applied within one year of entering the U.S. (unless you qualify for an exception)

Asylum can lead to a green card and work authorization.

USCIS Asylum Process Guide

You also may be eligible for Withholding of Removal: If you fear persecution based on race, religion, nationality, political opinion, or membership in a social group. There is not 1 year filing deadline

Convention Against Torture (CAT): If you fear torture in your home country.

Adjustment of Status

Adjustment of status allows you to apply for a green card from within the U.S. even during removal proceedings.

Eligibility

• You have an approved petition from a qualifying relative or employer
• You were inspected or paroled into the U.S.
• You’re admissible (or have a waiver for any inadmissibility)

Special exceptions exist for applicants with family petitions filed before April 30, 2001, under 245(i).

Check your visa category and availability

Voluntary Departure

Voluntary Departure allows you to leave the U.S. on your own before being forcibly deported.

Benefits

• Avoids a formal removal order on your record
• May reduce reentry bans
• No criminal penalties if you return illegally later (unlike deportation)

Drawbacks

• You must pay your own travel costs
• You waive your right to appeal
• You must leave within a set timeframe

Administrative Appeal

If you lose your case, you have the right to appeal to the BIA within 30 days.

Appeals can result in:

• Reversal of the judge’s decision
• A new hearing
• Referral to the Attorney General for a final decision

How to Appeal – EOIR BIA Guide

File a Motion To Reopen or Reconsider

These motions allow you to challenge a removal order after the fact.

• Motion to Reopen: Introduce new evidence that wasn’t available earlier (file within 90 days)
• Motion to Reconsider: Correct errors in law or fact from the prior decision (file within 30 days)

Stay of Removal

A stay of removal temporarily pauses deportation while an appeal or motion is pending.

• Automatic stay if you appeal within 30 days
• Discretionary stay if you request one while waiting on a motion or petition for review

Visual Comparison: Types of Relief from Removal

Relief Type	Stops Deportation?	Leads to Green Card?	Requires Family in U.S.?
Voluntary Departure	Temporarily	No	No
Cancellation (LPR)	Yes	Keeps green card	Helpful, but not required
Cancellation (Non-LPR)	Yes	Yes	Yes (must prove hardship)
Adjustment of Status	Yes	Yes	Yes (family/employer petition)
Asylum	Yes	Yes	Not required
Appeal / Motion	Pauses process	Possibly	Not required
Stay of Removal	Pauses process	No	Not required

Why You Should Work with an Immigration Lawyer

Cancellation of removal cases are complex, with high stakes and strict legal standards. A skilled immigration attorney can help you:

• Prove eligibility and gather supporting documents
• Develop legal arguments
• Navigate complex court procedures
• Explore alternative relief (asylum, voluntary departure, adjustment of status)

Find legal help:

• Immigration Advocates Network
• American Immigration Lawyers Association (AILA)

In Summary: What You Need to Know

Type	Years of Presence	Hardship Standard	Qualifying Relatives
Green Card Holder	5 (LPR), 7 (residence)	Not required	None
Non-LPR (Undocumented)	10	Exceptional & Extremely Unusual Hardship	Spouse, parent, or child (USC/LPR)
VAWA (Abuse Victims)	3	Extreme Hardship	Self or child

What Evidence Do You Need?

Winning a cancellation of removal case requires clear, detailed documentation. You’ll need to prove every element of your eligibility. Here’s what helps:

Proof of Continuous Residence

• Lease agreements, utility bills, pay stubs
• School records or report cards for children
• Medical or dental records showing long-term presence in the U.S.

Good Moral Character

• Criminal background checks (FBI and local police)
• Character letters from employers, churches, teachers, or community leaders
• Evidence of tax filings

Exceptional Hardship to Family Members

• Medical diagnoses and treatment records for family members
• Psychological evaluations from licensed professionals
• Financial records showing loss of income or housing if you’re deported
• Educational or developmental reports for children

Ties to the U.S.

• Evidence of community involvement (e.g., church, school, work)
• Birth certificates of U.S. citizen children
• Proof of paying taxes and owning property

 

Common Challenges in Cancellation of Removal Cases

1. Proving “Exceptional and Extremely Unusual Hardship”

This is the hardest part. You must show that hardship to your qualifying relative is far beyond normal family separation. Judges look for things like:

• A child with serious medical or psychological issues
• A spouse who depends on you for caregiving
• A U.S. citizen parent with severe health problems

2. Disqualifying Criminal Convictions

Some crimes automatically disqualify applicants, including:

• Aggravated felonies
• Drug trafficking
• Domestic violence
• Fraud or identity theft

3. Limited Number of Approvals

For non-permanent residents, USCIS only grants 4,000 cancellation of removal approvals per year. Once the cap is reached, even eligible applicants may have to wait.

See Data:

Source: TRAC Immigration Data Tools

What Happens If Your Case Is Approved?

If the immigration judge approves your cancellation of removal application:

• LPRs keep their green card and can remain in the U.S.
• Non-permanent residents will receive a green card and become lawful permanent residents

If Denied:

• You may be ordered deported
• You might still be eligible to appeal to the Board of Immigration Appeals (BIA)
• You can also file a motion to reopen if new evidence arises

Need legal help with your appeal?
Find an Accredited Immigration Lawyer

What You Can Do Right Now

1. Learn Your Rights

If ICE knocks at your door or detains you:

• You have the right to remain silent
• You do not have to let them in without a judge-signed warrant
• Do not sign any documents without speaking to an attorney
• You have the right to a hearing before an immigration judge
• Have legal representation (at your own expense)

2. Screen for Eligibility

Attorneys and DOJ-accredited reps should:

• Review all current cases
• Identify clients who meet non-LPR cancellation criteria
• Prioritize cases where qualifying relatives are under 21, to avoid “aging out”

3. Monitor the Annual Cap

• Only 4,000 approvals are allowed per year
• Even approved cases may be delayed by the cap
• The Board of Immigration Appeals (BIA) requires the qualifying child to be under 21 at the time of final approval

If delays threaten your client’s eligibility, EOIR may consider motions to expedite final approval to avoid disqualifying due to a child aging out.

Case reference: Matter of Isidro, 25 I&N Dec. 829 (BIA 2012)

Frequently Asked Questions (FAQs) about Cancellation of Removal in immigration court.

General Questions About Cancellation of Removal

What is cancellation of removal?
Cancellation of removal is a discretionary form of immigration relief that allows certain noncitizens in removal (deportation) proceedings to remain in the U.S. legally. If granted, it either preserves or grants lawful permanent resident (green card) status.

Who decides whether my cancellation of removal application is approved?
An immigration judge in immigration court decides whether to grant cancellation of removal after reviewing evidence and hearing testimony.

Do I have to be in removal proceedings to apply for cancellation of removal?
Yes. You can only request cancellation of removal as a defense during immigration court proceedings.

Is there a filing fee for cancellation of removal?
Yes. As of 2025, the filing fee for non-LPR cancellation of removal is $100, plus an $85 biometrics fee. There is no fee for LPR cancellation of removal.

Can I apply for cancellation of removal more than once?
Generally, you can only receive cancellation of removal once in your lifetime. There are limited exceptions in rare cases.

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FAQs for Lawful Permanent Residents (LPRs)

Who qualifies for cancellation of removal as a lawful permanent resident?
You may qualify if you:

• Have been an LPR for at least 5 years
• Have continuously resided in the U.S. for at least 7 years after lawful admission
• Have not been convicted of an aggravated felony
• Deserve a favorable exercise of discretion by the judge

Does time spent in the U.S. before getting my green card count toward the 7-year requirement?
No. The 7 years of continuous residence must begin after a lawful admission to the U.S., such as after receiving a visa or green card.

What is an “aggravated felony”?
This is a category of serious crimes under immigration law that includes offenses like drug trafficking, theft or violent crimes with a sentence of one year or more, and some fraud offenses. Even misdemeanors under state law may count as aggravated felonies for immigration purposes.

If I have a criminal conviction, can I still apply?
It depends on the conviction. Aggravated felonies disqualify you. Other convictions may be considered negatively but not necessarily disqualifying. Legal counsel is crucial in such cases.

Does a grant of cancellation of removal erase my criminal record?
No. The grant allows you to stay in the U.S. as an LPR, but it does not expunge or eliminate your criminal convictions.

What happens to my green card if cancellation of removal is granted?
If you’re an LPR and your application is approved, you retain your green card and lawful permanent resident status.

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FAQs for Non-Lawful Permanent Residents (Non-LPRs)

Who qualifies for cancellation of removal as a non-permanent resident?
You may qualify if you:

• Have lived continuously in the U.S. for at least 10 years
• Have had good moral character during that time
• Have not been convicted of disqualifying crimes
• Can demonstrate that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child

How is “continuous physical presence” calculated?
You must have lived in the U.S. for at least 10 years without a break of 90 days or more or multiple absences totaling more than 180 days. Receipt of a Notice to Appear (NTA) stops the clock.

Can I count time in the U.S. after receiving a Notice to Appear (NTA)?
No. The issuance of the NTA cuts off your ability to accrue time toward the 10-year physical presence requirement.

What qualifies as “good moral character”?
You must not have committed certain crimes or immigration violations, and you must generally demonstrate honesty, reliability, and community responsibility. Evidence may include character references, employment history, and lack of criminal record.

What kind of hardship qualifies as “exceptional and extremely unusual”?
The hardship must be significantly more severe than what most families would face in a deportation scenario. Examples include:

• A U.S. citizen child with a serious medical condition
• A spouse with a disability who relies on the applicant for care
• A parent who depends on the applicant for daily survival

Can hardship to the applicant be considered?
No. Only hardship to a qualifying relative (U.S. citizen or LPR spouse, child, or parent) can be considered.

Can DACA recipients apply for non-LPR cancellation of removal?
DACA recipients can apply if they meet all other eligibility criteria and are in removal proceedings. However, DACA time may not count toward physical presence if it was granted after a prior removal or illegal reentry.

If my child is a U.S. citizen, do I automatically qualify for cancellation of removal?
No. While having a U.S. citizen child is necessary to meet the hardship requirement, you still must prove the hardship is “exceptional and extremely unusual” and meet all other requirements.

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Evidentiary and Procedural Issues

What types of evidence should I include with my application?

• Proof of residence (lease agreements, utility bills, tax returns)
• Character references and community letters
• Medical records or psychological evaluations of family members
• School records and evidence of community involvement
• Proof of employment and taxes paid

Can I get a work permit while my cancellation of removal case is pending?
If you apply for cancellation of removal and your proceedings are ongoing, you may be eligible for work authorization. You must request it formally and meet eligibility conditions.

How long does it take for the court to decide a cancellation of removal case?
It varies widely depending on court backlogs. Some cases take several months to years before a final decision is reached.

Can I appeal if the immigration judge denies my cancellation of removal application?
Yes. You can appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision.

Can new evidence be introduced on appeal?
No. The BIA reviews the record created in immigration court. You cannot add new evidence unless you file a motion to reopen.

Can I file a motion to reopen my cancellation of removal case if it’s denied?
Yes, but you must generally do so within 90 days of the final order. The motion must be based on new, previously unavailable evidence.

What happens if the annual cap for non-LPR cancellation cases has already been reached?
Only 4,000 non-LPR cancellations may be granted per year. If you’re otherwise eligible but the cap is reached, the judge may “preterm” your case and schedule you for the next fiscal year’s allocation.

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Other Less Common Questions

Can I apply for cancellation of removal if I have a final order of removal?
No. You must be currently in removal proceedings. However, if circumstances have changed, you may be able to file a motion to reopen proceedings and then request cancellation.

Is cancellation of removal available to TPS holders or those with temporary visas?
Yes, but only if they are in removal proceedings and meet the physical presence and hardship requirements. Simply having TPS or a visa does not make you ineligible.

Can someone with a reinstated removal order apply for cancellation?
Generally, no. Reinstated removal orders make you ineligible for most forms of relief, including cancellation.

Is there any relief available for individuals with prior immigration fraud or misrepresentation?
Possibly. However, misrepresentation may affect your ability to show good moral character or admissibility. You may need a waiver in conjunction with other relief.

Does receiving public benefits affect my cancellation of removal case?
It may be considered as part of your overall record but is not disqualifying in itself. Judges may assess it in the context of your ties to the U.S. and ability to support yourself.

Can my U.S. citizen spouse or child file for me instead of applying for cancellation of removal?
Not in court. Family petitions can support other types of relief (like adjustment of status), but cancellation is a defense you must pursue yourself while in proceedings.

 

 

In Summary: Why This Matters Now More Than Ever

Stat	Details
11.3 million	Undocumented immigrants in the U.S.
7 million	Have lived in the U.S. for 10+ years
3.5 million	Have U.S. citizen children
4 million+	Immigration court backlog
4,000/year	Legal cap on cancellation of removal approvals

As Trump’s enforcement efforts increase deportation actions exponentially, cancellation of removal will become a primary legal shield for millions of long-time residents with deep U.S. family ties.

Act early. Prepare thoroughly. Advocate strategically.

 

 

Final Thoughts: Act Now and Get Help

Deportation proceedings can be life-altering, but legal options exist. Cancellation of removal may be the lifeline you or a loved one needs.

Always consult with an immigration attorney to explore the best path forward. Timing, documentation, and legal strategy can make all the difference.

Find legal help:

• FindLegalHelp.org (ABA)
• Immigration Advocates Network Legal Directory

Why Choose Herman Legal Group for Your Cancellation of Removal Case?

When everything is on the line, experience and dedication matter. Here’s what sets us apart:

• Over 30 Years of Immigration Law Experience
  We’ve been helping immigrants stay in the U.S. and reunite with their families since 1995.
• Led by Renowned Immigration Attorney Richard Herman
  A nationally recognized immigration lawyer, author, and advocate featured in major news outlets like CNN, NPR, and The New York Times.
• Proven Track Record in Deportation Defense
  We’ve successfully represented clients in hundreds of complex removal and cancellation of removal cases—both LPR and non-LPR.
• Multilingual, Multicultural Team
  Our attorneys and staff speak many languages and understand the cultural and emotional aspects of immigration struggles.
• Personalized Legal Strategies
  We take the time to understand your story, identify the best possible relief options, and tailor a legal defense that gives you the highest chance of success.
• Nationwide Representation
  No matter where you are in the U.S., we can help. We represent clients in immigration courts across the country, in-person and remotely.
• Clear, Compassionate Communication
  We make complex legal issues easy to understand and guide you through every step with patience and care.
• Ethical and Honest Advice
  We won’t waste your time or money—we tell you the truth about your case, your options, and your chances.
• Full-Service Immigration Support
  Whether you need cancellation of removal, adjustment of status, asylum defense, or family-based relief, we’re ready to help.

Facing deportation is terrifying—but you don’t have to face it alone.

Let Herman Legal Group fight for you, protect your rights, and help you stay in the U.S. with your family and your future intact.

Contact Us Now to Schedule a Confidential Consultation
Offices in Cleveland, Columbus, and Nationwide via Zoom

Herman Legal Group: Trusted. Respected. Relentless in your defense.

 

 

 

More Resources

• EOIR Practice Manual – Immigration Court
• TRAC Immigration Reports
• Immigrant Legal Resource Center – Removal Defense

Practice Advisory (ILRC, IDP, NIPNLG): Avoiding the Stop-Time Rule

Supreme Court Decision: Barton v. Barr, 140 S. Ct. 1442 (2020)

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• ILRC LPR Cancellation Toolkit
• Immigrant Defense Project
• National Immigration Project
• Legal Aid: Directory of Providers
• AILA Legal Practice Center

• Find Immigration Legal Help

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Proving Extreme Hardship for an I-601 or I-601A Waiver of Inadmissibility Application

When applying for an I-601 or I-601A waiver of inadmissibility, applicants must demonstrate that their U.S. citizen or lawful permanent resident (LPR) relative would suffer “extreme hardship.” U.S. Citizenship and Immigration Services (USCIS) is responsible for assessing waiver applications and determining eligibility based on extreme hardship criteria.

Proving “extreme hardship” to a qualifying relative is often the most challenging — and important — part of your I-601 or I-601A waiver application. This includes considering the qualifying relative’s hardships, such as the psychological and emotional impacts of military separation and the potential dangers faced by those previously granted specific protective statuses like asylum or refugee status.

But what does “extreme hardship” that really mean? And how can you strengthen your application? You are spending a lot of time and money on this — you want to get it right.

This guide breaks it all down with updated insight, real-life examples, a checklist approach, and clickable resources to help you build the strongest case possible.

What Is a Waiver of Inadmissibility?

Before you can understand extreme hardship, it’s crucial to know what is a waiver of inadmissibility, and what are the I-601 and I-601A?

Certain individuals who are otherwise inadmissible to the U.S. (because of unlawful presence, fraud, past crimes, or other issues) can still apply for legal status if they can show that a qualifying U.S. relative would suffer extreme hardship without them.

You don’t have to prove that you personally will suffer. The focus must be on how your U.S. relative—such as US citizen or permanent resident spouse or parent—would suffer if you are denied entry or legal status.

What Are I-601 and I-601A Waivers?

I-601 Waiver: Used by individuals outside the U.S. or applying for visas at consulates who are deemed “inadmissible.”

• I-601A Provisional Waiver: Used by those inside the U.S. who are inadmissible due to unlawful presence and want to apply before departing for a visa interview abroad.

Both waivers require demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative if you’re denied reentry or required to remain outside the U.S. This includes considering family dynamics and caregiving responsibilities, even if the children or caregivers are not lawful permanent residents, to maintain family unity and address caregiving burdens.

Learn more directly from USCIS:

·        I-601 Waiver Overview (USCIS)

·        I-601A Provisional Waiver Guide (USCIS)

Key Waivers That Require a Showing of Extreme Hardship

Here are three of the most common waiver types where this standard applies:

Waiver Type	Legal Basis	Reason for Inadmissibility	Who Can Be the Qualifying Relative?
I-601 & I-601A Waiver	INA § 212(a)(9)(B)(v)	Unlawful presence (3/10-year bars)	U.S. citizen or LPR spouse or parent
I-601 Waiver	INA § 212(i)	Fraud or misrepresentation	U.S. citizen or LPR spouse or parent
I-601 Waiver	INA § 212(h)(1)(B)	Certain criminal conduct	U.S. citizen or LPR spouse, parent, or child

Note: For criminal waivers, a U.S. citizen or LPR child can also be a qualifying relative.

Why You Might Need a Waiver for the Unlawful Presence Bar

If you’ve spent time in the United States without legal immigration status, you may be subject to what’s called the unlawful presence bar. This is a penalty under U.S. immigration law that makes it difficult—or impossible—for certain people to return legally to the United States after leaving, even if they’re otherwise eligible for a green card or visa.

Understanding the Unlawful Presence Bar

The unlawful presence bar is triggered when you:

• Are unlawfully present in the U.S. for more than 180 days but less than a year, and then leave → 3-year bar
• Are unlawfully present for one year or more, and then leave → 10-year bar

That means if you leave the country—often as part of the process of applying for a green card through a U.S. consulate—you’ll be barred from returning for 3 or 10 years unless you qualify for a waiver.

Why a Waiver Is Needed

You need a waiver to avoid or “forgive” the 3-year or 10-year bar that would otherwise stop you from reentering the U.S. legally. Without this waiver, your green card application could be denied, and you may be forced to stay outside the U.S. for several years—separated from your spouse, children, or other family.

When Do You Apply for the Waiver?

1. Applying from Inside the U.S. (I-601A Provisional Waiver)

If you’re currently in the U.S. and plan to leave for a green card interview at a U.S. consulate, you may be eligible to file Form I-601A: Provisional Unlawful Presence Waiver before you depart.

This process:

• Lets you get conditional approval before leaving the U.S.
• Reduces the risk of being stuck abroad if your waiver is denied
• Only waives the unlawful presence bar—not other grounds like fraud or criminal history

Learn more: Form I-601A – USCIS

2. Applying from Outside the U.S. (I-601 Waiver)

If you’ve already left the U.S. or must apply for a green card from abroad, and are subject to the 3– or 10-year bar, you’ll need to file Form I-601: Waiver of Grounds of Inadmissibility.

This form:

• Is filed after your consular interview triggers a denial due to inadmissibility
• Covers more types of inadmissibility (e.g., fraud, criminal issues, misrepresentation, and unlawful presence)
• Takes longer to process and must be filed from abroad in most cases

Learn more: Form I-601 – USCIS

Why Timing Matters

Filing too early may delay the consular process unnecessarily. Filing too late—especially after already leaving the U.S.—may increase the risk of separation if the waiver is denied or delayed.

An experienced immigration attorney can help:

• Determine when to file
• Assess if you should use I-601 or I-601A
• Identify other potential waivers (e.g., I-212 after removal)

 

What Does “Extreme Hardship” Mean?

Under U.S. immigration law, “extreme hardship” goes beyond the typical emotional or financial consequences of family separation or relocation. It requires showing that the hardship your qualifying relative would face is greater than what is normally expected when a loved one is denied admission to the U.S.

The emotional and psychological impact, such as anxiety, depression, and severe stress, can significantly strengthen a waiver application.

Not all hardship qualifies as “extreme.” The law requires that:

• Your qualifying relative (not you) must face extraordinary suffering if you’re denied admission.
• Ordinary consequences like family separation or emotional distress are not enough on their own.
• The hardship must be beyond what most families experience when separated due to immigration enforcement.

Legal Definition and Background

According to case law such as Matter of Cervantes-Gonzalez, extreme hardship depends on:

• Individual facts of each case
• The totality of hardship factors
• How these factors affect the qualifying relative(s)

Cited Case Law:

·        Matter of Hwang, 10 I&N Dec. 448 (BIA 1964)

·        Matter of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999)

·        Matter of O-J-O-, 21 I&N Dec. 381 (BIA 1996)

·        Matter of Kao, 23 I&N Dec. 45 (BIA 2001)

Common vs. Extreme Hardship

The following are generally not enough on their own:

• Financial loss
• Separation from family
• Cultural adjustment
• Poorer conditions abroad

However, if these common factors are combined and magnified—due to medical conditions, caregiver burdens, or country-specific dangers—they may reach the threshold of extreme hardship.

Who Is a Qualifying Relative?

For I-601 and I-601A waiver, only the following individuals may be considered “qualifying relatives”:

• U.S. citizen or green card holder spouse
• U.S. citizen or green card holder parent
• (Note: Children are not qualifying relatives, but hardship to a child may still be relevant if it impacts the qualifying parent)

Examples of Hardship That May Qualify

To qualify for a waiver, you need to show how your qualifying relative would suffer in one or both of these scenarios:

• If they remain in the U.S. without you
• If they are forced to relocate to your country

Old Rule: Applicants had to prove extreme hardship in both scenarios:

1. If the qualifying relative remains in the U.S.
2. If the qualifying relative relocates abroad

New Rule (as of Dec. 5, 2016): Applicants now need to prove hardship in only one of these scenarios, as long as they submit a signed, detailed, and credible statement of intent explaining which scenario is likely and why.

The statement must be made under penalty of perjury and should be supported by documentation, such as:

·        Employment obligations

·        Medical needs

·        Educational or caregiving responsibilities

·        Country condition reports

Totality of Circumstances: A Holistic Review

USCIS officers assess extreme hardship based on all available facts and evidence. This includes:

• Documents submitted by the applicant (medical records, affidavits, employment letters, etc.)
• U.S. Department of State (DOS) country condition reports (View Country Reports)
• Government travel warnings or Temporary Protected Status (TPS) designations (View TPS Info)

No single factor guarantees success. Officers must weigh how all presented circumstances interact. A strong case demonstrates how various hardships overlap and intensify the impact on the qualifying relative.

Common Consequences vs. Extreme Hardship

While certain hardships are typical in immigration cases, they don’t automatically count as “extreme.” Examples of common consequences include:

• Separation from family
• Financial loss or job disruption
• Relocation and cultural dislocation
• Inconvenience due to distance or cost of travel
• Reduced quality of healthcare or education abroad

Extreme hardship arises when these typical problems are paired with other serious or compounding factors that make the overall situation particularly harmful to the qualifying relative’s health, safety, or well-being.

Cumulative Impact: How Factors Add Up

Officers must consider hardship both individually and cumulatively. Factors that might not qualify on their own can, when combined, meet the legal threshold for extreme hardship.

Example:

• A child has special needs and requires ongoing therapy.
• The family would lose income if the applicant leaves.
• The spouse cannot speak the language in the applicant’s home country.

Individually, each may seem minor. But together, they may rise to extreme hardship when considered holistically.

Common Examples: If U.S. Relative Stays and You’re Abroad

If your relative stays in the U.S. while you’re removed or denied entry, the following types of hardship may count:

• Medical issues requiring daily assistance from you
• Psychological hardship (e.g., diagnosed depression or anxiety)
• Financial dependence that can’t be replaced from abroad
• Caregiving burdens for elderly, disabled, or minor family members
• Inability to work due to mental health or family care demands
• Loss of child care resulting in job loss or reduced income

Helpful Resource: Mental Health Impact Reports in Immigration

Common Examples: If U.S. Relative Relocates With You

If your U.S. relative would move abroad to be with you, these hardships could apply:

• Poor or unavailable medical care for chronic conditions
• Unsafe conditions due to war, violence, or civil unrest
• Language barriers impacting education or employment
• Lack of job opportunities or high unemployment
• Discrimination based on race, religion, LGBTQ+ identity, or gender
• Loss of access to U.S.-based legal or family obligations
• Disruption of children’s custody or schooling
• Inability to repay U.S. debts while abroad

Check Country Conditions: U.S. State Department Travel Advisories

 

 

Key Hardship Factors to Include in Your Case

Below is a breakdown of hardship factors that USCIS may consider. Include as many of these as apply, and support them with evidence.

Key Extreme Hardship Factors (Grouped by Category)

To strengthen your case, you’ll need to document how your qualifying relative(s) would suffer across multiple areas of life.

1. Family and Emotional Impact

• Close family ties in the U.S. (children, elderly parents)
• Care responsibilities for young, disabled, or elderly relatives
• Emotional trauma from family separation
• Military service disruptions
• Long-term U.S. residence with limited ties abroad
• Psychological and emotional harm, such as diagnosed depression or anxiety, can cause a qualifying relative to suffer significant emotional hardship

Real-world Tip: Use affidavits, psychological evaluations, and family photographs to document emotional hardship.

2. Social and Cultural Impact

• Language barriers in the country of relocation
• Social ostracization based on religion, gender, or LGBTQ+ identity
• Loss of support networks and access to U.S. legal systems
• Stigma for having lived in the U.S. or holding “Western values”
• Return to a country where the qualifying relative faces stigma or persecution
• Lack of community support or language fluency abroad
• Cultural disorientation and inability to integrate

3. Economic and Employment Impact

• Foreclosure, eviction, or asset liquidation due to separation
• Loss of primary income or business
• Job loss or limited job prospects abroad
• Drop in standard of living
• Dual roles (caregiver and breadwinner)
• Student debt repayment becomes impossible

Pro Tip: Use Bureau of Labor Statistics and World Bank country data to support your economic claims.

4. Medical and Health Impact

• Medical conditions that can’t be treated in the home country
• Emotional toll from being the sole caregiver
• Lack of access to health care or insurance abroad
• Chronic or serious health conditions requiring treatment
• Cost, availability, or quality of care abroad
• Mental health conditions aggravated by separation
• History of trauma, PTSD, or other diagnoses

5. Country Conditions

• Armed conflict, crime, civil unrest, health epiemics or environmental disasters
• U.S. Department of State Travel Warnings
• Lack of safety nets or infrastructure
• TPS or danger pay country status (See Danger Pay Table)

Particularly Significant Hardship Scenarios

USCIS flags the following situations as particularly strong indicators of extreme hardship:

• Qualifying relative previously granted asylum, refugee, or T visa
• Disabled qualifying relative or dependent with formal diagnosis
• Qualifying relative serving in active military duty
• Return to country under active travel warning or danger designation
• Care of young children disrupted by separation
• Qualifying relative’s military service exacerbating emotional and psychological hardships, impacting their ability to serve effectively
• Psychological and emotional hardships faced by individuals due to a qualifying relative’s military service, especially when the denial of admission exacerbates stress and anxiety for those relying on the military relative for support

Each of these should be supported with thorough documentation such as:

• Medical records or formal disability determinations
• Military orders or statements
• Country-specific reports or travel advisories
• Custody orders, school letters, or affidavits regarding caregiving roles

Real-World Example

Example: Sara, an Australian national, overstayed her visa after dropping out of college. She’s married to a U.S. citizen who earns a remote income. Sara may not be able to prove her husband would suffer extreme hardship if she had to return to Australia—he can move with her and still work.

However, her mother (a U.S. citizen) is undergoing chemotherapy and relies on Sara for transportation and emotional care. In this case, Sara’s mother could be the qualifying relative whose hardship supports a waiver request.

Other Real-Life Case Scenarios: What Qualifies?

Disability and Caregiving A U.S. citizen spouse with a disability depends on the applicant for daily support. Relocation would sever access to healthcare and caregiving, leading to serious emotional and physical harm.

Persecution Risk Due to LGBTQ+ Status An applicant in a same-sex marriage would be forced to return to a country where homosexuality is illegal. The U.S. citizen spouse fears for the applicant’s life and suffers anxiety, depression, and loss of emotional support.

Single Parent Burden If the applicant is deported and the spouse must care for young children alone while maintaining employment, this dual burden may result in economic collapse, emotional trauma, and disrupted child development.

More Real-Life Scenarios

Scenario 1: Common Hardship, Not Enough

Facts: AB is undocumented. His U.S. citizen wife would relocate with him but faces economic hardship and doesn’t speak the language.

Outcome: Denial likely. These are common consequences of relocation.

Scenario 2: Emotional Ties and Child’s Suffering

Added Facts: They now have a 9-year-old U.S. citizen daughter with deep U.S. family ties. The child doesn’t speak the local language abroad.

Outcome: Stronger case. Emotional hardship to the wife increases due to the child’s suffering and separation from extended family.

Scenario 3: Multiple Qualifying Relatives

Facts: AB has both LPR parents and a U.S. citizen spouse who would suffer emotionally from separation.

Outcome: Likely approval. Emotional suffering of multiple qualifying relatives carries greater weight.

Scenario 4: Financial Separation Only

Facts: CD is married to a U.S. citizen with no children. She’s a housecleaner. Husband plans to stay in U.S.

Outcome: Likely denial. Economic loss alone is not “extreme.”

Scenario 5: Education Disruption and Language Barrier

Facts: Taiwanese couple with 5 U.S. citizen children. Children speak only English and would struggle in public Chinese-language schools.

Outcome: Approval (based on Matter of Kao). The 15-year-old daughter’s disruption meets the threshold for extreme hardship.

Scenario 6: Economic and Security Risk

Facts: KL would relocate to a dangerous country. Regions of the country are under travel warnings. Unemployment is severe nationwide.

Outcome: Approval likely. Fear of danger and economic hardship that threatens basic needs count as extreme.

A compelling case shows how multiple factors—like caregiving, illness, cultural isolation, and fear of harm—combine to exceed normal hardship.

Here are other examples that could demonstrate “extreme hardship”:

Scenario		Why It May Qualify
Your spouse has a serious health condition and relies on you for physical and emotional support		Separation could cause a decline in their well-being
Your children do not speak the language of your home country		If your spouse must relocate, this could disrupt education and cause cultural isolation
You are the family’s sole provider, and your home country has high unemployment or political unrest		This could leave your qualifying relative in poverty or danger
You care for a U.S. citizen parent who is elderly or ill		Their health and well-being would decline without your care
Your family belongs to a persecuted minority group in your home country		Relocating could endanger your loved ones
Ongoing war, violence, or economic collapse in your country		Returning would expose your family to instability
U.S. citizen wife of applicant would need to relocate to a country with no access to mental health services				Likely qualifies as extreme hardship
Applicant’s LPR father depends on him for transportation to chemotherapy				Strong argument for hardship due to caregiving
Applicant’s U.S. citizen child has asthma but is not a qualifying relative				Not enough on its own—but may support hardship to parent
Relocation would mean loss of job, language difficulties, and isolation for U.S. citizen spouse				When combined, may meet the hardship standard

You can find current U.S. government travel warnings at the U.S. State Department Travel Advisory page.

Visual Aid: Sample Hardship Chart

Type of Hardship	Examples
Medical	Cancer, diabetes, disability requiring care
Financial	Loss of sole income, unpayable debts, dual roles (breadwinner + caregiver)
Educational	Children’s disrupted schooling, language barriers
Emotional	PTSD, anxiety, depression worsened by separation
Country Conditions	War zones, unsafe travel, persecution, lack of infrastructure

How Children Factor Into Extreme Hardship

Children are not always qualifying relatives. But if your qualifying relative (like your spouse) would experience hardship because of the children’s suffering, this can still strengthen your case.

Example:

If your child has autism and requires therapy only available in the U.S., and your U.S. citizen spouse would be forced to quit a job and relocate to a country with no similar services, this can be framed as extreme hardship to the spouse, even though the hardship originates with the child

Special Considerations for Children and Non-Qualifying Relatives

While children are not qualifying relatives for fraud or unlawful presence waivers, hardship to children may still support a case—if their suffering would cause hardship to a qualifying parent or spouse.

Example:

If a U.S. citizen spouse would suffer psychological and financial distress due to a child’s inability to access special education abroad, this may constitute extreme hardship to the spouse.

Dealing With the Loss of a Qualifying Relative

If the qualifying relative has died, some applicants may still pursue a waiver:

• Widow(er) of a U.S. citizen who filed Form I-130 before their death may still qualify
• Other relatives may qualify under INA § 204(l) if they were residing in the U.S. at the time of the relative’s death

In these situations, USCIS will presume extreme hardship, allowing the waiver application to proceed.

More info: INA § 204(l) Relief

 

 

 How to Strengthen Your Application: Practical Tips

• Include affidavits from the qualifying relative, community members, and professionals (teachers, doctors, clergy)
• Gather medical and mental health evaluations from licensed providers
• Use expert declarations on country conditions, employment issues, or healthcare access
• Present photos, timelines, school records, income proof, and evidence of family unity
• Organize documents clearly, label each exhibit, and cross-reference everything in a cover letter or hardship statement

How to Prove It: Key Tips for Building Your Waiver Case

1. Tell a Personal, Specific Story

Avoid generalizations like “We’ll miss each other.” Instead, provide detailed, emotional, and fact-based narratives that show how your loved one’s life will change for the worse.

2. Use Strong Documentation

Include supporting evidence such as:

• Medical records
• Psychological evaluations
• Expert letters (e.g., from doctors, educators, therapists)
• Financial statements, tax returns, proof of income
• School or language reports for children
• News articles or government reports about your home country
• Affidavits from community leaders, clergy, or employers

3. Highlight the Totality of Circumstances

USCIS evaluates everything together — not just one factor. Focus on how multiple aspects (health, financial, emotional, family, cultural) intersect.

4. Be Honest, Thorough, and Organized

Include:

• A well-written hardship statement (with a table of contents)
• Organized exhibits labeled clearly (Exhibit A: Medical Letter, etc.)
• Original or certified documents where possible

Psychological Evaluations for Extreme Hardship Waivers (I-601, I-601A)

If you or a loved one is facing inadmissibility to the United States due to unlawful presence, misrepresentation, or certain crimes, you may be eligible for a waiver. These waivers—I-601, I-601A, —require you to prove that your U.S. citizen or lawful permanent resident (LPR) relative would suffer extreme hardship if your application is denied.

One of the most effective tools for demonstrating that hardship is a comprehensive psychological evaluation, which can help turn subjective suffering into objective, documented evidence. Family law proceedings, such as protection orders and child support issues, can significantly influence the evaluation of extreme hardship.

Why Psychological Evaluations Matter in Waiver Cases

Psychological evaluations provide strong, professional evidence to support waiver applications by:

• Offering a clinical diagnosis of mental health conditions caused or worsened by potential separation or relocation
• Helping adjudicators understand the emotional, social, and psychological impact on qualifying relatives
• Supporting legal claims with third-party documentation that meets USCIS standards

Resource: USCIS Policy Manual on Hardship

What Does a Psychological Evaluation Include?

A hardship evaluation assesses both possible outcomes:

1. If the applicant is removed or denied entry
2. If the U.S. relative must relocate to the applicant’s country

Core Evaluation Areas:

• Mental Health Diagnosis: Depression, anxiety, PTSD, etc.
• Daily Functioning: How separation or relocation would affect ability to work, parent, or function
• Caregiving Roles: Loss of applicant’s support for elderly parents, disabled family members, or children
• Medical Risks: Treatment interruptions or emotional decline
• Cultural Adjustment: Stress of adapting to new culture, especially for those unfamiliar with the language or country
• Financial Impact: Increased costs, dual-household strain, job loss
• Country Conditions: Crime rates, healthcare access, and educational infrastructure

Psychological Conditions Commonly Cited in Waiver Cases

Depression

• Symptoms: Sadness, sleep issues, hopelessness
• Impact: Separation can trigger or worsen depressive episodes
• Evaluation: Severity, history, and future risks

Anxiety Disorders

• Symptoms: Panic attacks, excessive worry
• Impact: Uncertainty in immigration cases worsens anxiety
• Evaluation: Connection between waiver denial and psychological decline

Post-Traumatic Stress Disorder (PTSD)

• Symptoms: Nightmares, flashbacks, emotional numbness
• Impact: Trauma from past abuse or war may worsen with family separation or relocation
• Evaluation: Re-traumatization risk

Adjustment Disorders

• Symptoms: Difficulty adapting to major life changes
• Impact: Sudden relocation, loss of stability, or legal uncertainty
• Evaluation: Mental health resilience under immigration stress

Acculturation Stress

• Symptoms: Cultural isolation, language barriers, identity conflict
• Impact: Severe impact if a qualifying relative must move to a foreign country
• Evaluation: Difficulty assimilating abroad

Separation Anxiety (Adults and Children)

• Especially significant for:
  • Elderly parents dependent on care
  • U.S. citizen children with strong attachments
  • Spouses with emotional or physical dependency

Educational and Developmental Harm

• Disruptions in special education
• Loss of familiar teachers or resources
• Language barriers in foreign school systems

Best Practices for Applicants and Immigration Lawyers

For Applicants

• Be open and honest during the evaluation
• Bring supporting documentation (e.g., school reports, medical records)
• Share specific stories and emotional experiences
• Highlight how children or elderly relatives would suffer
• Explain fears about relocating to the applicant’s home country

For Attorneys

• Work with experienced forensic psychologists
• Share details of the legal strategy with the evaluator
• Integrate psychological findings into hardship arguments
• Use the report as an exhibit in your USCIS submission
• Emphasize how mental health evidence proves hardship “beyond the norm”

How Psychological Evaluations Strengthen Waiver Cases

1. Translate Mental Health Into Legal Language

• Depression = impaired functioning, emotional suffering
• PTSD = heightened vulnerability to unsafe conditions abroad
• Anxiety = inability to maintain employment or stability

2. Humanize the Case for USCIS Officers

• Turn emotional pain into a clear, clinical narrative
• Show impact with measurable symptoms and diagnoses
• Provide context for hardship beyond basic facts

3. Link Mental Health to Other Hardship Factors

• Anxiety may increase financial instability
• PTSD may limit relocation options due to fear
• Depression may prevent parenting or caregiving

Don’t Make These Common Mistakes

• Focusing on your own hardship, not your qualifying relative’s
• Providing vague statements without proof
• Using outdated or generic country conditions info
• Submitting disorganized documents without labeling or explanation
• Failing to get legal help when your situation is complex

I-601 and I-601A Waiver FAQs

BASIC CONCEPTS

What is the difference between the I-601 and I-601A waiver?
The I-601 waiver is filed to request forgiveness for multiple grounds of inadmissibility, including unlawful presence, misrepresentation, certain crimes, and health-related issues. It is usually filed after a denial at a U.S. embassy or consulate abroad.
The I-601A provisional waiver is more limited: it only waives unlawful presence and is filed while the applicant is still in the U.S., before leaving for a consular interview.

What does “unlawful presence” mean under U.S. immigration law?
Unlawful presence is the time an individual spends in the U.S. without being admitted or paroled and without having legal status. Accruing more than 180 days of unlawful presence triggers a 3-year bar upon departure; one year or more triggers a 10-year bar.

Who is a “qualifying relative” for purposes of these waivers?
For both I-601 and I-601A waivers, the qualifying relative must be a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not qualifying relatives, though their hardship may support a parent’s claim.

Can I use both the I-601 and I-601A waiver?
Generally no. If you’re eligible for the I-601A (provisional) waiver for unlawful presence, you file it while inside the U.S. If you’re already outside the U.S. or are inadmissible for other reasons besides unlawful presence, you must file the I-601 waiver.

Can a waiver be filed before the inadmissibility finding is made?
Only the I-601A can be filed before a finding of inadmissibility—based on anticipated unlawful presence after leaving for a consular interview. The I-601 waiver is filed after the consular officer finds you inadmissible.

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QUALIFYING RELATIVES & ELIGIBILITY

Can hardship to my children count if they’re not qualifying relatives?
Hardship to children can support a waiver, but only insofar as it causes extreme hardship to the qualifying spouse or parent. For example, if your U.S. citizen child has serious health issues that would emotionally devastate your U.S. citizen spouse, that could be persuasive.

Can my fiancé(e) be my qualifying relative?
No. Only a spouse or parent who is a U.S. citizen or LPR can be a qualifying relative for I-601 and I-601A waivers.

Can I file a waiver based on hardship to my LPR spouse if I’m not married yet?
You must be legally married before you apply. Immigration law does not allow waivers based on future or intended relationships.

Does the U.S. citizen or LPR qualifying relative have to be the petitioner?
No. The qualifying relative for hardship purposes does not need to be the same person who petitioned for your green card.

Can I apply for a waiver if I’ve been ordered removed or deported?
Yes, but not with an I-601A. You may need an I-212 waiver in addition to the I-601, depending on your circumstances.

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APPLICATION PROCESS

Where do I file the I-601A waiver?
The I-601A is filed with USCIS while the applicant is inside the U.S. If approved, you attend your consular interview abroad, with the waiver already granted.

Where do I file the I-601 waiver?
The I-601 is generally filed after a denial by a U.S. consular officer abroad, but can sometimes be filed in the U.S. in special circumstances (e.g., certain adjustment of status cases).

How long does it take to process the I-601A waiver?
USCIS processing times vary, but I-601A waivers often take 6 to 18 months, depending on workload and case complexity. You can check current times on the USCIS processing time page.

How long does it take to process the I-601 waiver?
I-601 waivers also take 6 to 18 months, sometimes longer depending on the consulate, the type of inadmissibility, and volume of applications.

Can I expedite an I-601 or I-601A waiver?
USCIS allows expedite requests only under certain criteria, such as humanitarian emergencies, severe financial loss, or national interest. Supporting documentation must be strong and credible.

Do I need a lawyer to file an I-601 or I-601A waiver?
A lawyer is not required but is strongly recommended. The legal standard is high, and a lawyer can help build a compelling argument with evidence, legal citations, and expert evaluations (e.g., psychological assessments).

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DOCUMENTATION AND EVIDENCE

What is considered “extreme hardship”?
Extreme hardship is a level of suffering that goes beyond the normal consequences of family separation or relocation. USCIS evaluates hardship in five areas: medical, financial, emotional, educational, and country-specific conditions.

What types of evidence are helpful in proving extreme hardship?

• Medical records and evaluations
• Psychological assessments
• Letters from therapists or doctors
• Country condition reports
• Evidence of financial dependence or loss
• School or educational evaluations for children
• Affidavits from friends, clergy, or community members

Are psychological evaluations helpful?
Yes. A professionally prepared psychological evaluation can show how separation or relocation would severely affect the mental health of the qualifying relative, helping to support a claim of extreme emotional hardship.

Can I submit evidence about the country I would relocate to?
Absolutely. Evidence about dangerous or unstable conditions in your home country (e.g., high crime, lack of medical care, civil unrest) can support claims of hardship to a qualifying relative who would be forced to move there or worry about your safety.

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COMMON ISSUES AND COMPLICATIONS

What happens if my I-601A waiver is denied?
If denied, you can remain in the U.S. but will not be able to proceed with your green card process through consular processing unless you reapply or pursue other options. You are not immediately deported.

Can I appeal a denied I-601 or I-601A waiver?
No. I-601A waivers cannot be appealed, but you may refile with stronger evidence. I-601 waivers can be appealed to the Administrative Appeals Office (AAO), or in some cases refiled with additional information.

Can I file another waiver after a denial?
Yes, in most cases. You can file a new application if your circumstances change or if you can provide stronger documentation than before.

Does a waiver approval guarantee a green card?
No. Approval of a waiver only removes the inadmissibility barrier. You must still complete the rest of the immigration process and meet all other requirements (e.g., medical, security, admissibility for other reasons).

Can hardship to my qualifying relative in both scenarios—separation and relocation—be considered?
Yes. You can present hardship evidence for both scenarios, although you only need to prove one under current USCIS guidance.

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ADVANCED SCENARIOS

Can I apply for a waiver if I overstayed on a visa and then left the U.S.?
If your overstay resulted in unlawful presence over 180 days, you may be subject to a bar and need a waiver upon departure. Consult a legal professional for a case-specific analysis.

Is it possible to win a waiver if the qualifying relative is in good health and financially stable?
Yes—but your case must show that hardship goes beyond ordinary separation. You may need to emphasize emotional, cultural, educational, or country-specific factors.

Can I use hardship to a disabled U.S. citizen child to support a waiver?
Not directly (unless the child is also a qualifying relative under INA 212(h)), but if the hardship to the child causes emotional, financial, or physical strain on the qualifying parent or spouse, it can help build your case.

Can a waiver help if I committed immigration fraud?
Possibly. The I-601 waiver includes forgiveness for fraud or misrepresentation if you can prove extreme hardship to a qualifying relative. However, the fraud must not involve national security or false claims to U.S. citizenship.

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POST-WAIVER STEPS

What happens after an I-601A waiver is approved?
You must depart the U.S. for a visa interview at a U.S. consulate abroad. The waiver does not guarantee approval of your visa but removes the unlawful presence bar from consideration.

How long will I stay outside the U.S. after my consular interview?
In most I-601A cases, applicants stay outside the U.S. for 1–3 weeks, though delays may occur depending on background checks or document requests.

Can my waiver be revoked after approval?
Yes, if new information arises (e.g., criminal charges, fraud) that affects your admissibility. It’s critical to remain truthful and update USCIS if circumstances change.

Why Legal Help Matters

Extreme hardship is a subjective standard. USCIS officers have broad discretion, meaning two officers could view the same case differently. A skilled immigration attorney can:

• Craft a strong legal argument
• Help you gather persuasive evidence
• Anticipate red flags
• Prepare your waiver packet professionally

Checklist: Documents to Include to Build a Strong Case

Here’s a quick reference to what you may need:

• Qualifying relative’s proof of status (green card or passport)
• Marriage or birth certificates to prove relationship
• Medical letters or diagnoses
• Mental health evaluations
• Country condition reports (from Human Rights Watch or Amnesty International)
• Financial documents (tax returns, bank statements)
• Personal affidavits (from both applicant and qualifying relative)
• Photos, community support letters, or school documents
• Evidence of cultural or language challenges
• Medical records showing chronic illness or disability
• Psychological evaluations documenting trauma or depression
• Expert affidavits (doctors, teachers, social workers)
• Proof of financial interdependence
• School letters showing child’s adjustment and performance
• Photographs, emails, letters to show close relationships

In Summary: Give USCIS a Complete Picture

Proving extreme hardship takes time, detail, and strategy. But with the right legal support, personalized documentation, and emotional storytelling, your waiver has a stronger chance of approval.

For additional guidance, explore the USCIS Extreme Hardship Policy Manual.

Get Help from an Experienced Waiver Attorney

Navigating I-601 or I-601A waiver applications without expert help can put your case at risk. Consider consulting an immigration lawyer experienced in hardship waivers, asylum law, and consular processing.

Waiver applications are complex, and USCIS decisions can be unpredictable. A skilled immigration attorney can:

• Evaluate your situation and spot hardship factors you might overlook
• Draft detailed legal briefs to support your application
• Help you gather the strongest possible evidence
• Ensure your waiver package is complete and well-organized

 Need Help? Extreme hardship cases are sensitive, emotional, and fact-specific. An experienced immigration attorney can help:

• Assess eligibility
• Structure a hardship argument

 

 

Why You Should Trust Herman Legal Group with Your I-601 or I-601A Waiver Case

Navigating the I-601 or I-601A waiver process is complex, emotionally draining, and full of high stakes. Your family’s future depends on how well your case is prepared, argued, and documented.

That’s why working with an experienced immigration law firm like Herman Legal Group can make all the difference.

Here’s what sets us apart:

• Decades of Experience: Our award-winning team has helped families across the U.S. and worldwide overcome inadmissibility and reunite through successful waiver applications.
• Personalized Case Strategy: We don’t take a one-size-fits-all approach. We tailor every waiver application to the unique hardships and strengths of your case.
• Extreme Hardship Experts: We know how USCIS evaluates “extreme hardship” and how to gather powerful supporting evidence—from psychological evaluations to detailed legal briefs.
• Nationwide and Global Reach: Whether you’re inside the U.S. applying for a provisional waiver or abroad facing consular processing, we can assist you wherever you are.
• Multilingual Support: We work with clients in English, Spanish, Chinese, Arabic, and other languages to ensure you feel understood and supported every step of the way.
• Proven Success: Our track record includes hundreds of approved waivers and successful reunifications—even in complex or previously denied cases.

Don’t take chances with your future. A small mistake or missing document can lead to years of separation from the ones you love.

Schedule your confidential consultation with Herman Legal Group today:

• Call +1 (216) 696-6170
• Request a consultation online: www.LawFirm4Immigrants.com
• Offices in Cleveland, Columbus, and nationwide by video or phone

We’re here to help you stay together—and move forward.

 

Further Reading and Resources

• USCIS Policy Manual on Waivers
• What Are My Chances of I-601 Waiver Approval?
• I-601 Waiver Guide (USCIS)
• I-601A Provisional Waiver
• USCIS Policy Manual Chapter on Hardship
• Travel Advisories – U.S. State Department
• I-601A Waiver Overview (USCIS)
• Extreme Hardship Policy Manual
• Legal Help: AILA Attorney Finder

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Pakistani Physician on Conditional Green Card (CR-1) Receives Permanent Green Card After Divorce

Client: Student entered U.S. on  F-1 Visa, Married U.S. Citizen, Obtained Conditional Green Card (CR-1)
Client’s Country of Origin: Pakistan
Case Type: I-751 Petition to Remove Conditions on Residence; Good Faith Waiver, Exceptional Hardship

Our client retained Attorney Richard Herman of Herman Legal Group for guidance and counsel on his extremely complex situation.  Our client, a citizen of Pakistan, entered the U.S. on a F-1 visa pursuing his medical career.

Later, he had met a US-citizen woman who he thought would be his lifelong partner.  While arranged marriage is customary in the Islamic faith, at the time, the couple shared the same cultural, religious, and life values, which made our client excited for the compatibility.

After they united in marriage, our client filed for a marriage green card and was approved for his 2-year conditional green card.  Soon later, their bond began to dissolve, and relations between the families grew contentious.

In their shared Urdu culture, traditional wedding ceremonial events take place following the marriage to consummate their unity.  However, our client could not afford the time or money for the grand occasions to take place during his studies.

The grand wedding ceremony kept getting delayed, and throughout the marital arrangement, the father-in-law persistently attempted to extort large sums of money from our client.  Despite the family’s refusal and inability to present finances, the in-law would call numerous times and try to manipulate them into giving up money for the wedding ceremony.

Our client told his father-in-law that he believes that marriage is based on love, care, and understanding—not on money.

Due to his commitment to his residency program, our client and his wife lived separately until its completion.  He believed he would one day make a lot of money to support his wife and their future family.

As time passed, he noticed communication with his wife started to dwindle, and time spent together on his visits became slim.  Their relationship grew quarrelsome; the couple became more distant, differences continued to arise, and ultimately, the wife showed signs of emotional abuse.  Our client suffered from daily criticism.  If not subject to blame, he would be ignored for long periods.

His wife’s family used his green card as their leverage—they would steal it without returning it unless our client gave them the money they sought.  Finally, the wife’s family gave an ultimatum and demanded a divorce or otherwise sign a contractual agreement to pay the large sum of money.  Our client desperately wanted to save his marriage. Still, because he was unable to afford their requests, his wife’s family filed multiple false criminal charges in an attempt to hurt his character and make him subject to removal.

Our client wanted was a successful marriage.  Feeling defeat and no longer able to endure the blackmail, our client filed for divorce and came to us for help.  He explained to us his failed marriage and sought our assistance to file his I-751 Petition to Remove Conditions on his 2-year residence to stay in the States.  He told us how much time and money he had spent for his residency program, and if he were unable to complete it, all of his hard work would go down the drain.

He wouldn’t be able to provide for a future family, and if removed, chances of him securing employment within his industry are slim to none.  Also, he feared relocating to Pakistan due to multiple reports of assaults and deadly attacks on Pakistani doctors.

At first glance, Attorney Herman did not believe our client had a chance of approval.  While the couple entered into the marriage in good faith, they never had the chance to cohabitate.   However, Attorney Herman offered his expertise to our client’s last-ditch effort to save his future.  Attorney Herman knew that detailed documentation would be crucial for our client’s best chances of approval.

When preparing the petition, Attorney Herman assembled a vast range of documents to evidence a bona fide marriage, extreme cruelty during the relationship, and that our client is subject to extreme hardship if returned to Pakistan.

After submitting several documentation and attending a lengthy, emotional interview, our client’s petition got approved.  Attorney Herman provided his expert knowledge of the law in this complicated case to receive an unlikely favorable outcome.  Our client’s case was successful not only in the sense that the result was not expected but also because our client was able to continue his journey in the medical profession within the US.