Individuals claiming extreme hardship from deportation or barred reentry may apply for a waiver and avoid the 10-year banishment rule. The U.S. Citizenship and Immigration Services (USCIS), bases its extreme hardship decision on the needs of the individual’s immediate family members.
This means that if it can be demonstrated with supporting documentation and proof that the United States child, spouse, or parent of the immigrant would suffer extreme and exceptional hardship if their loved one were to be deported, a waiver would be granted allowing the immigrant to remain in the United States.
Hiring the right immigration lawyer is crucial to helping to explore the areas of hardship that the U.S. citizen family member may be suffering which would provide a compelling case to grant a waiver.