I 601 Family Unity Waivers Are Also Known as Hardship Waivers

Families who are unable to be together due to immigration issues may be able to resolve their situation through the use of I 601 family unity waivers. An I 601 family unity waiver is also called a hardship waiver, or an unlawful presence waiver. It may be an available option for those who are separated from loved ones because of the inability to get a visa or other immigration problems. A hardship waiver is designed to help families resolve these issues in order to keep them together. In order to receive a family unity waiver you must be able to prove that there is extreme hardship caused by the separation. The situation can be complex and often requires assistance from an experienced immigration attorney.

Reasons for Hardship

There are many reasons why a family unity waiver for hardship may be necessary. Some of the factors that may be used in determining whether a hardship condition exists include:

  • Family Separation
  • Financial Problems
  • Job Disruption
  • Conditions in Homeland
  • Medical Conditions

It is necessary to know that not every situation will be considered a hardship case by the USCIS, United States Citizenship and Immigration Services. For example, although the political or economic situation in the immigrant’s homeland may be unstable, this alone does not necessarily constitute a hardship case.

Case by Case Basis

The I-601 Family Unity Waiver process begins by submitting the proper application. Each applicant’s situation is reviewed to determine whether an extreme hardship situation exists. Keep in mind that not every situation qualifies as a hardship case, even though you may feel strongly that it does. It is extremely helpful to get help and legal assistance from an attorney who specializes in these types of immigration matters.

Keeping Your Family Together

The ultimate goal of filing for an I-601 waiver is usually as an attempt to keep the family together in the United States. There may be other options available to you and your family members. These alternatives should be reviewed before you submit an application so that you are certain that you are making the best choice for you and your children. An immigration lawyer is available to review your situation and provide you with your possible options. Some alternatives may be better for you, especially if there is a chance that your hardship waiver will be denied. Schedule a consultation with the compassionate immigration attorneys at Udall Shumway PLC to discuss your case today.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding  I 601 Family Unity Waivers, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.