Often, people seeking to obtain legal resident status find themselves needing a pardon or waiver of a ground of inadmissibility that would otherwise prevent them from gaining resident status.  Reasons one might need a waiver include unlawful presence of six months or a year or more in the US, criminal convictions, medical issues, past misrepresentations and visa fraud.  The determination that an applicant for admission needs a waiver is usually made by the Consular official reviewing the visa application or USCIS officer the adjustment of status application. 

Most hardship waiver require a showing that the applicant’s qualifying relative in the US would suffer extreme hardship if the waiver is not granted and the applicant cannot reunite or stay with the relative in the US and also requires a showing that the relative living in the US cannot live in the foreigner’s home county.

Not having a hardship waiver approved could mean the relative seeking the pardon will have to live for years outside the US or might never be able to reunite with their loved ones in the US.  Waivers are not simple to prepare and require extensive efforts to document the various ways that one’s family would suffer.  Often medical and psychological evidence must be prepared and presented.    A skilled professional can help you understand what must be done and will dramatically improve your chances presenting a winning waiver case.