In immigration, there comes a time when the strongest argument is based on people’s relationship to one another. This article touches one aspect of the Extreme Hardship Waiver, an argument in times of unlawful presence.
Unlawful presence generally occurs when someone: enters the U.S. illegally; overstays their visa; or overstays some other permission to enter the U.S. If such an immigrant unlawfully remains in the United States for more than 180 days, they will be barred from re-admission to the United States for 3 years; however, if they remain for longer than one year, then they will be barred for 10 years.
Under INA § 212(a)(9)(B)(v), the Extreme Hardship Waiver may only be made for the spouse or son or daughter of a U.S. Citizen or a Lawful Permanent Resident. The spouse or child must be the one remaining unlawfully and it is their deportation or admissibility bar that would create an extreme hardship to the U.S. Citizen or Lawful Permanent Resident spouse or parent. The spouse or children can use the Extreme Hardship Waiver to assist in their immigration processes, specifically in removing the negative effects of unlawful presence. To clarify, the statute purposefully leaves out parents and siblings being the recipient of the waiver, to have their unlawful presence waived.
In another article, I stated that the “anchor baby” is only a myth. If an immigrant unlawfully remains in the U.S. and has a child born on United States soil, they will not be able to use the Extreme Hardship Waiver based on their relationship with the U.S. child. Again, only spouses and children can raise the waiver, not parents or siblings. (See “anchor baby” article here ).
If you are in need of guidance in your immigration matter, it is strongly encouraged that you speak with a local immigration attorney.
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The post The Extreme Hardship Waiver: Unlawful Presence appeared first on Fickey Martinez Law Firm.
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