Aliens married to U.S. citizens who entered without inspection and those that may not be eligible for adjustment of status under 245i may qualify for a green card by filing an I-601 hardship waiver application. An I-601 Hardship waiver is granted to those aliens who can show exceptional hardship to their U.S. citizen spouse if they are not permitted to reside in the U.S. with their spouse in the permanent resident status. The site provides subtopics for the I-601 waiver application process:
- I-601 Hardship Waiver Overview
- I-601 Hardship Waiver Processing
- I-601 Hardship - Second Interview For Green Card/Waiver
- I-601 Hardship Waiver - Setting an Appointment
The standards required for establishing the required elements of the I-601 waiver are fairly stringent and requires extensive documentation and supporting material. A recent USCIS AAO decision provides some guidance on the required evidence.