Family Based Petitions
|Citizens - Married to Illegal Aliens|
Green Card/Permanent Residency Visa for Illegal Aliens Married to US Citizens Through Exceptional Hardship Waiver
US citizens married to illegal aliens (without papers) and those who entered the US without inspection (EWIs) face significant hurdles before they can obtain a visa or green card for their illegal alien spouse. In addition to meeting the requirements that all other applicants must obtain, these cases have additional filing requirements. The following are some options to be considered for illegal aliens married to US citizens.
Adjustment of Status Through Section 245i
I-601 US Citizen Spouse Hardship Waiver
The I-601 hardship waiver application requires the alien to prove that not permitting him to reenter the US will result in extreme hardship to his or her S citizen spouse. Extensive and detailed documentation is required to prove this equirement. Such evidence should include sworn statements from family members, friends and acquaintances, medical records, psychiatric/psychological records, school records, evidence of illness of family members, financial information and tax returns, letters from teachers, support letters from churches and community organizations, evidence of health and emotional problems that may result from the separation, and such other documentation. This waiver process may also be used for applications submitted by US citizen parents on behalf of their illegal child as well as applications by permanent residents on behalf of their illegal spouse or child. If approved, the green card application is granted and the alien is permitted to return to the US to assume permanent residency or green card status.
Due to the extensive nature of the documentation required for this process, it is important to consult an immigration attorney familiar with the law in this area. Our immigration attorneys are competent and can assist with questions or filing the application. A recent ruling by the [Administrative Appeals Office (AAO)] should also provide some guidance for reparing the I-601 hardship waiver application.
Please use our Contact Us form or call at 312 795-9110 to get more information