Hardship Waivers / Immigration Waivers
Persons who entered the United States without documentation typically have to apply for an “extreme hardship waiver” to overcome the penalty associated with being in the country without permission. The waiver requires a qualifying relationship–a U.S. citizen or lawful permanent resident spouse or parent–who must demonstrate how he/she would suffer “extreme hardship” if the penalty is not waived. The new provisional waiver allows the waiver application to be filed in the United States, allowing the family to remain together while the waiver is decided. The provisional waiver currently requires that the qualifying relationship be a U.S. citizen.