Exceptional and Extremely Unusual Hardship Waiver for a Dangerous and Violent Criminal Inadmissibility

If you have been convicted for a dangerous and violent crime, then you’ll need a waiver to gain admission to the United States. It is worth exploring this option.

Inadmissibility Based on a Criminal Act that is Dangerous and Violent

The first step in this process is to determine if the type of crime committed will be categorized as dangerous and violent. Crimes such as intentional bodily harm, rape, assault with a deadly weapon and misdemeanor wounding are considered dangerous and violent. You’ll likely need a waiver based on the exceptional and extremely unusual hardship that one or more of your U.S. or Legal Permanent Resident (LPR) spouse, parent or child will face if you are denied admission to the U.S. An attorney can review the facts of the specific conviction to confirm whether it is a dangerous and violent crime.

The exceptional and extremely unusual hardship must not be your hardship. It must be the hardship of any or all of your qualifying relatives. Exceptional hardships have not been defined by statute, nor has it been uniformly applied to all cases consistently. However, you must show that the exceptional and extremely unusual hardship exceeds extreme hardship. You can meet the heightened standard by showing hardships related to financial, medical, cultural circumstances (if relative is forced to move) and the threat of violence in the foreign country. It is helpful to include any extraordinary circumstances such as armed conflict in the country or persecution of you and your qualifying relatives.

Discretion

keep in mind that exceptional and extremely unusual hardship is one requirement of the waiver. The officer must also weigh the favorable and unfavorable factors to exercise their discretion while making a decision. Favorable factors include community service, rehabilitation, advanced education and consistent employment. Unfavorable factors include additional criminal or immigration violations, child support problems, financial and tax issues that reflect the applicant’s lack of responsibility as a good citizen.

It is important to consult an immigration attorney to prepare the waiver. At ST Law, I use my advanced knowledge of the legal requirements as well as my experience with previous waiver filings to prepare a good waiver application to increase the chance of success in each case.