Contact Us
Phone: 720-506-9216
Location
3900 East Mexico Avenue
Building 1, Suite 300
Denver, CO 80210
Hours
Navigating the U.S. immigration system can be complex, especially when seeking certain benefits that require proving a “qualifying relative.” Whether you are applying for a waiver of inadmissibility, cancellation of removal, or some other form of immigration relief, understanding what constitutes a qualifying relative and how to meet this requirement is essential. In this blog post, we’ll break down the concept of a qualifying relative, the role it plays in immigration applications, and key strategies for demonstrating eligibility.
In the context of U.S. immigration law, a qualifying relative is a family member whose relationship to an immigrant makes the immigrant eligible for certain waivers or forms of relief. This relative must meet specific criteria, depending on the type of immigration benefit or waiver sought. Not every family relationship qualifies, and the specific requirements can vary significantly based on the legal context.
There are several scenarios in which proving the existence of a qualifying relative is crucial. Some of the most common include:
Waivers of Inadmissibility
Cancellation of Removal for Non-Permanent Residents
Adjustment of Status Based on Certain Grounds of Inadmissibility
Provisional Unlawful Presence Waivers
The exact definition of a qualifying relative varies depending on the type of relief or waiver sought. The most common qualifying relatives include:
In many cases, the existence of a qualifying relative is not enough on its own. Applicants must also prove that the qualifying relative would suffer “extreme hardship” if the immigrant were denied the requested benefit. This can be one of the most challenging aspects of the process. The U.S. Citizenship and Immigration Services (USCIS) considers several factors when evaluating hardship, including:
Supporting evidence for extreme hardship might include medical records, psychological evaluations, affidavits from family members, financial documentation, and expert testimony.
Successfully meeting the qualifying relative requirement and proving extreme hardship requires thorough preparation and careful presentation of evidence. Here are some tips for strengthening your case:
Gather Comprehensive Documentation
Focus on the Specific Hardship Factors
Submit Expert Opinions
Create a Cohesive Narrative
Seek Legal Assistance
Navigating the requirements for a qualifying relative and proving extreme hardship can be daunting. At the Law Offices of Michael P. Kenny, we have extensive experience helping clients prepare strong applications and waivers to meet these requirements. We understand the intricacies of U.S. immigration law and are dedicated to protecting your family’s future.
If you need help determining whether you meet the qualifying relative requirement or need assistance preparing a waiver or application, contact us today. Our team is here to guide you through every step of the process, ensuring that your application is as strong and persuasive as possible.
Call us today to learn more about how we can support your immigration case and help you keep your family together.
Contact us now!
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
All Rights Reserved | Law Office of Michael P. Kenny | Powered By Convert It Marketing | Privacy Policy
All Rights Reserved | Law Office of Michael P. Kenny | Powered By Convert It Marketing | Privacy Policy