An individual without legal authorization to be present in the United States is also known as an undocumented person. An undocumented person may apply to the immigration authorities for a pardon (Waiver) of his or her unlawful presence. To obtain a pardon, the undocumented person must show that his or her United States citizen or legal resident relatives will suffer a high level of hardship if the undocumented person is not permitted to live in the United States. It is not enough to simply show an ordinary level of hardship; the hardship must be an extreme level of suffering.
Extreme hardship can be shown by proving that one’s United States citizen or legal resident relatives suffer:
- Medical Hardship
Physical conditions and mental (emotional and psychological) disorders. Mental conditions are not always obvious, and it is important to meet a psychologist to be evaluated.
- Financial Hardship
The impact of the quality of life change without the undocumented person’s income.
- Educational Hardship
The impact of a disruption of educational opportunities to the relatives;
- Social Integration Hardship
The age, number, and immigration status of the undocumented person’s children, their ability to speak the native language and to adjust to life in the country to which they will return.
- Country Conditions
The current political and economic conditions in the country to which the undocumented person will return if not permitted to live in the United States;
- Family and other ties in that country.
These are just some of the kinds of hardships that should be shown. Extreme hardship can also be shown in other ways. Showing hardship is more challenging in some cases and requires creative thinking to identify unusual and individualized hardships to relatives.
Call the Law Office of Nita Kundanmal, P.C., so we can help you prove your case by meeting the high standard of “Extreme Hardship” and PAVING THE PATHWAY TO YOUR AMERICAN DREAM. Call (201) 883-9800.