Extreme hardship is not a definable term of “fixed and inflexible meaning”; establishing hardship is “dependent upon the facts and circumstances of each case.” Matter of Cervantes- Gonzalez, 22 I&N Dec. 560, 565 (BIA 1999). The Board of Immigration Appeals (BIA) Matter of Cervantes-Gonzalez lists the factors it considers relevant in determining whether applicant has established extreme hardship, which include:

1. the presence of a lawful permanent resident or United States citizen spouse in this country;

2. the qualifying relative’s family ties outside the United States;

3. the conditions in the country or countries to which the qualifying relative relocate and the extent of the qualifying relative’s ties in such countries;

4. the financial impact of departure from this country; and

5. significant conditions of health, particularly when tied to an unavailability of medical care in the country to which the qualifying relative would relocate.

1. refusal of admission to the U.S. would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent, or the U.S. fiance(e) visa petitioner and

2. a waiver is warranted as a matter of discretion.

1. If an alien has resided unlawfully in the U.S. for an uninterrupted period of more than 180 days but less than 1 year and then voluntarily departed, prior to the initiation of removal proceedings, he or she is inadmissible to the U.S. for a period of 3 years from the date of departure.

2. If an alien resided unlawfully in the U.S. for an uninterrupted period of one year or more, then voluntarily departed or was removed from the United States, he or she is inadmissible to the U.S. for a period of 10 years from the date of departure or removal.

An immigrant, who has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof),  whether domestic or foreign.

 For assistance in applying for a waiver of this ground of inadmissibility, get a free consultation from an immigration attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

The waiver may be granted for an alien who establishes that: 

1. refusal of admission to the U.S. would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, child or son or daughter, or the K visa petitioner would experience extreme hardship if the applicant were denied admission, and

2. a waiver is warranted as a matter of discretion.

   NOTE: There is no requirement for any passage of time subsequent to the commission of the crime, such as the 15-year requirement in the “rehabilitation waiver.”

   To determine if this waiver is available for your foreign fiancee or spouse, call an immigration attorney at 626-771-1078 24 hours a day, 7 days a week or visit www.myfianceevisa.com.

There are two ways to establish eligibility for a waiver of the criminal-related inadmissibility grounds. First, an applicant may be eligible for a waiver if he or she meets each of the following three requirements: 

An alien who has been determined to have engaged in the following activity:

• Is coming to the U.S. solely, principally, or incidentally to engage in prostitution, or

• Has engaged in prostitution within 10 years of the date of visa application, admission, or adjustment of status, or

• Directly or indirectly procures or attempts to procure prostitutes or persons for the purpose of prostitution, or 

• Within 10 years of the date of application for a visa, admission, or adjustment of status, procured or attempted to procure, or import prostitutes, or persons for the purpose of prostitution, or 

• Receives or within such 10-year period received, the proceeds of prostitution, or 

• Is coming to the U.S. to engage in any other unlawful commercialized vice, whether or not related to prostitution.

The alien is known or reasonably believed to be, or to have been, an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or to be or to have been a knowing aider, assister, abettor, conspirator, or colluder with others in the illicit trafficking in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

A waiver may be available for an alien who has been convicted of, or admits having committed, or admits committing acts which constitute the essential elements of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the U.S., or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

To see if your foreign family member qualifies, contact an immigration attorney at 626-771-1078.