USCIS Approves Hardship Waiver for Husband of U.S. Citizen


USCIS has approved the hardship waiver application of one of our clients, a young man who entered the United States eleven years ago.

Our client is married to a U.S. citizen and is the father of two young boys. Two years ago, his wife filed an I-130 Relative Petition with USCIS on his behalf, which was granted. In order to receive his green card, our client was required to leave the United States in order to attend his consular interview abroad. However, because our client had been living in the United States undocumented for over a year, upon leaving for his consular interview he would have been banned from reentering the United States for ten years.

With the help of Attorney Ailloud, our client applied for a hardship waiver. The hardship waiver allows parents or spouses of a U.S. citizen to leave the United States for their consular interviews without being subject to the ten-year bar. Applicants for the waiver must show that the ten-year bar would cause hardship to their U.S. citizen relative.

Our client is the sole provider for his family of four. His income allows his wife to study for the GED and take care of their children who are too young to be in school. One of the children suffers from a permanent medical condition requiring constant treatment. Attorney Ailloud made the case that subjecting this client to the ten-year bar would cause hardship to his wife, because she would be forced to abandon her GED studies in order to take up a low-paying job to support her family. She would lose the opportunity to complete her high school education and gain access to higher-paying jobs. Our client’s wife would also have to suffer the additional cost of childcare for her sons while she worked and the medical costs associated with her son’s condition. These arguments convinced USCIS that our client was deserving of a hardship waiver.

Marlene Ailloud is an Associate Attorney with Fayad Law, P.C. and serves clients from our Fairfax, VA office. Our team assists clients with all types of family immigration cases, and we have offices conveniently located in Virginia, North Carolina, and Washington, D.C. If you would like to learn how our experienced immigration lawyers can assist with your case, please contact our firm today!

Fayad Law, P.C.
8315 Lee Highway Suite 620,
Fairfax, VA 22031