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In March, 2013 by executive order the President allowed undocumented aliens who were married to U.S. citizens to apply for waivers in the United States. This order helped the undocumented aliens to be in the U.S. while they waited for the waiver. The President’s purpose was to avoid a long separation between the U.S. citizen and the alien. By allowing the alien to stay here during the waiting period for the waiver’s approval and then only to return for a short period for his/ her visa, it basically preserved the marriage.

An application for a waiver to reapply for readmission before 2013 required the applicant to be outside the U.S. for 10 years and he/she had to be abroad to apply.

If an alien has entered with a non-immigrant visa such as a tourist, student, or temporary employment visa such as H-1, L-1, H2-B, H-3, and overstayed, marriage to a U.S. citizen would overlook this overstay and nonetheless to allow for adjustment of status in the U.S. by the undocumented alien. We have clients who overstayed more than 15 years and by a marriage to a U.S. citizen, all was forgiven and these aliens obtained their residence in the U.S.


The U.S. citizen must prove extreme hardship if the waiver is to be granted. Many factors will be considered by the Immigration Service such as long separation from the U.S. spouse or children of the marriage; depression and other mental disabilities namely psychological and psychiatric; loss of attachment to communities and friends in the U.S.; hardship for the U.S. spouse to leave the U.S. because the U.S. citizen does not speak the language, or cannot find work in the undocumented alien’s country; absence from attending to care of parents; economic deprivation as a result of the removal; dangers that exist in the undocumented alien’s country by exposing the U.S. citizen spouse and children to perils that do not exist in the U.S.; Also unavailable treatments and lack of proper hospital facilities. These are all factors that would be relevant to the grant of the waiver. The Immigration Service must consider all factor by their cumulative effect. While an individual factor may not be extreme in itself, the aggregate of them must be considered to support proof of extreme hardship. The hardship to the U.S. citizen must also take into account the U.S. citizen’s family ties in the U.S. such as absence from parents; the financial impact of the departure, significant health problems that can be provided in the U.S., and are not available in the undocumented country.

If you need help or advise, Call Us: (212)944-9420. or Email: Info@oltarsh.com

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