Hardship Waivers
Waivers built on documented hardship to the spouse or parent who depends on you, filed from inside the U.S.
Hardship waivers
What is a hardship waiver?
A hardship waiver asks the government to excuse a bar to admission by showing what a qualifying relative would suffer if you were kept out of the country.
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A waiver is a bridge over a bar.
Unlawful presence, a prior removal, a misrepresentation, or certain criminal grounds can make an approvable case unapprovable. A waiver does not erase the ground; it asks for it to be excused.
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The hardship measured is someone else's.
The standard is extreme hardship to a qualifying relative — for the unlawful presence waiver, a citizen or resident spouse or parent. Children do not count, however much they depend on you.
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The provisional waiver is filed from here.
The provisional waiver is decided while you remain in the United States, so the trip abroad comes after approval rather than before it.
Our approach
How Olvera Law Office prepares a waiver case.
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Identify which waiver the case needs.
The provisional waiver, the waiver for other grounds, and permission to reapply are routinely confused, and the wrong one costs years. That is settled first.
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Assemble the hardship record.
Medical, psychological, financial, caregiving, and country-conditions evidence are read together, because the standard is cumulative and documentation carries it.
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Sequence the departure.
A waiver only works if the underlying family petition and the consular case are in place first, so we set the order and send nobody abroad until the analysis is settled.
Eligibility
Eligibility.
The first question is whether you have a qualifying relative at all.
For the provisional unlawful presence waiver you must be at least seventeen, physically present here, have an approved petition and a pending visa case, and have a citizen or resident spouse or parent.
A final order of removal, or an open removal case, generally rules that waiver out. Both may still be solvable — a motion to reopen, or a defense in immigration court.
Book a Consultation
Start with a consultation.
As an immigration attorney, Mosiah Olvera reviews your case, identifies the strongest path forward, and helps you take the next step.
Related services
Explore related immigration services.
Your case may touch more than one area of immigration law.