Claiming Hardship Waivers

If you wish to be granted an I-601A Stateside Waiver or I-601 Waiver of Inadmissibility, you must demonstrate that a qualifying relative will face extreme hardship if you are returned to your home country. Qualifying and successful petitioners may now remain in the U.S. whether they are straight, gay, a member of another minority group or a VAWA self-petitioner and regardless of nationality.

Demonstrating this level of hardship was impossible for gay and lesbian couples prior to the fall of the Defense of Marriage Act (DOMA), which specifically excluded same-sex couples from consideration. Since the United States Supreme Court ruling declared the pertinent parts of DOMA unconstitutional in 2013, LGBTQ couples have enjoyed a more level playing field in demonstrating this level of hardship.

We Obtain I-601 And I-601A Waivers For Straight And Queer Clients Alike

Gay, lesbian and straight married binational couples can now use their U.S. citizen or permanent resident spouse as the qualifying relative for immigration waiver purposes. These examples of different kinds of hardship show how critical the fall of DOMA has been:

  • Having a spouse in the U.S. suffering from a critical medical condition
  • Having to be apart from children living in the U.S.
  • Being unable to provide care for a disabled family member living in the U.S.
  • Needing medical care unavailable in the home country
  • Suffering from extreme economic hardship, such as losing an income earner
  • Living in a country where one's personal safety is in doubt
  • Facing persecution, religious or political, in the home country

Serving The Immigrant Community In Los Angeles, California, And Worldwide

Every case is different and has its own set of facts. There are many ways to demonstrate hardship for purposes of obtaining a waiver, and our lawyers will be happy to meet with you and discuss them.

Schedule a conversation about your case now with one of our attorneys. Please call us at 323-218-0465, or write to us using this online form. We respond to all inquiries promptly.

We energetically evaluate immigration law issues for anyone facing challenging and consequential circumstances. We also serve clients who speak Spanish or Persian.