Extreme Hardship Exception - Possible Prevention of Three and Ten Year Bars

Individuals who are subject to a 3/10 Year Bar may obtain a waiver that permits them to complete the green card process abroad by filing Form I-601 with extensive supporting documentation that his or her citizen spouse will suffer "extreme hardship" if the green card petition is not granted and the alien is not permitted to rejoin his/her family in the United states. The  USCIS (AAO) recently issued a decision outlining the requirements for granting an I-601 waiver application in such cases. 

View Recent Decision On Waiver Application

Qualifying Family Member for Hardship Waiver
Qualifying family members for the hardship waiver to the 3/10 Year Bar must be US citizens or permanent residents and have a qualifying relationship with the alien.  Qualifying relationships are limited to spouses and children.  A parent is generally not a qualifying relationship. Parents also cannot obtain a waiver on the basis that it would present extreme hardship to their citizen child/children, absent other extreme hardship.