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9191 Broadway
Merrillville, IN, 46410
United States

219-769-1313

Burke Costanza & Carberry LLP your smart choice for lawyers in Northwest Indiana. Our full-service law firm has offices in Merrillville and Valparaiso Indiana as well as one in Chicago Illinois. At BCC, our lawyers pride themselves on being able to provide a wide range of legal services to our clients, who benefit from the depth and experience we provide from top to bottom.

The main practice groups at Burke Costanza & Carberry LLP are: Alternative Dispute Resolution, Commercial Services, Civil Litigation, and Business and Personal Services.

Our attorneys represent businesses and government entities in the following areas: Business Planning, Commercial Law, Construction, Labor & Employment, Governmental Entities, Healthcare, Labor, Pension Profit-sharing & Employee Benefits, Real Estate, Taxation, and Worker's Compensation.

Our lawyers also represent individuals in matters such as Estate Planning, Wills and Trusts, Immigration, Family Law, Probate Administration, Real Estate, and Taxation.

Burke Costanza & Carberry LLP is a well-rounded firm with strong roots in Northwest Indiana that is focused primarily on our lawyers providing clients with the highest quality legal service in a broad range of practice areas.

A Pathway to Legal Status Through A Demonstration of Extreme Hardship

Business & Personal Services Blog

A Pathway to Legal Status Through A Demonstration of Extreme Hardship

Alfredo Estrada

On December 5, 2016 a USCIS policy guidance went into effect which clarifies the adjudication of certain waiver requests that require USCIS to determine claims of extreme hardship to qualifying relatives. This particularly affects the I-601A, Application for Provisional Unlawful Presence Waiver. The I-601A Waiver (Perdon) allows some individuals to seek a waiver for the 3 and 10 year inadmissibility bars which attach upon departure of the U.S. because of the immigrants entering without inspection or overstaying their visa.

Admissibility is generally a requirement for admission to the United States, adjustment of status, and other immigration benefits. Several statutory provisions authorize discretionary waivers of particular inadmissibility grounds in cases where the applicant demonstrates that refusal of admission “would result in extreme hardship” to one or more designated relatives, such as a specified U.S. citizen or lawful permanent resident family members.

The predominant theme of the December 5, 2016 policy guidance is that adjudicators are reminded that the hardship factors must be considered in the aggregate and that no single hardship, taken in isolation, needs to rise to level of extreme. This principle is already set forth in administrative appeal decisions and codified. However, emphasizing it in the guidance may reassure applicants to set forth all possible factors, if taken together, they add to extreme hardship. One observation of note is the five (5) significant factors likely to support finding of extreme hardship, in the policy guidance. One, which will apply to many households, is a separation would result in the qualifying relative undertaking a due-role primary caretaker and possibly income-earner for the couple’s children or otherwise taking on significant parental or other caregiving responsibilities.

For more information on obtaining legal status, please don’t hesitate to contact Alfredo Estrada of Burke Costanza & Carberry LLP.

Alfredo Estrada is a former steelworker and a life-long resident of Northwest Indiana. He is a Magna Cum Laude graduate of Valparaiso University School of Law.  His practice focuses on immigration, municipal law & defense, and civil litigation.