Waivers and Extreme Hardship

Because those who entered the country illegally are not permitted to change their status, a Hardship Waiver is necessary. They must leave the country and travel abroad for consular processing, but if they stay in the country for a long period, they will face a 3- or 10-year bar. This implies that they will immediately set off a bar that stops them from returning when they leave the country to travel for consular processing. A three-year bar is imposed on anyone who was present illegally for more than 180 days but less than a year. A 10-year bar is imposed after being present illegally for one year or longer.

​​​​​​​The ability to present a compelling story that is supported by copious amounts of evidence is ultimately necessary for submitting a successful waiver application. Contact our staff if you have any questions concerning a hardship waiver.