An alien can be denied entry to the United States for many reasons. The most common grounds are “unlawful presence” bars that bar entry for three years or ten years due to illegal status in the United States and for “misrepresentation.” This waiver requires that a certain type of relative or a “qualifying relative” must suffer “extreme hardship” if the Applicant is not admitted or able to reunite in the United States. The qualifying relative must be a U.S. citizen spouse or parent or legal permanent resident spouse or parent. Children of the foreign national do not qualify for these violations, but hardship to children can be taken into account in the hardship to your qualifying relative.

The waiver’s main requirement is that the U.S. citizen or legal permanent resident will suffer “extreme hardship” as a result of the Applicant being denied entry into the United States. Extreme hardship is defined as more difficulties than what is expected from being separated from a close family member. It is a conglomerate of financial, emotional, physical and other factors. It is fact specific.