This past week I was contacted by a potential client and we were discussing a solution for her husband to obtain a Green Card: it was the I-601 Provisional Waiver. She wanted to know how can she demonstrate extreme hardship in order for her husband’s waiver to be approved? Extreme hardship must be demonstrated by the US citizen, not the foreign-born spouse. Some examples of extreme hardship are medical hardship; if someone routinely sees doctors here and needs ongoing treatment, that could be considered medical hardship. If the spouse were to be separated and living in another country or if the US citizen were to be forced to follow them to the other country.  Financial hardship could be taken into consideration if the spouse is the primary bread winner, as well as psychological hardship.

Suppose someone has suffered throughout their life, possibly because of prior relationships that was very difficult. If the spouse were to be separated from them and stuck abroad that would be considered extreme psychological hardship. Once extreme hardship can be demonstrated there is a very good possibility that the 601 waiver will be approved, your spouse that came across the border will be able to travel to the US embassy back home, successfully obtain a visa, re-enter the US, and then the Green Card comes in the mail.

This informational blog post was brought to you by Susan Scheer, an experienced Morristown, New Jersey I-601A Provisional Waiver Attorney.