Scroll down to the bottom of this article for a basic hardship letter sample for immigration. Before you jump straight to the letter, please read the following.
A well-written hardship letter by the qualifying spouse or parent is usually the most important part of winning an immigration case. In most hardship cases, the government is looking to what type of hardship a U.S. citizen or lawful permanent resident will suffer if a deportation is ordered or if a visa is denied. In any hardship situation, any number of reasons could be at the cause of the hardship. These questions will help you write an excellent letter detailing hardship that would be suffered. Review these questions to help you as you write about your hardship in your letter.
Medical
- What types of health issues, if any, do you suffer from?
- What types of ongoing or specialized treatment do you require?
- What types of treatment are available to you in the destination country?
- What is the quality of treatment available to you in the destination country?
- How long do you expect to be in treatment for your medical condition(s)?
Mental Health
- What emotional or mental health issues have been concerns for you in the past?
Financial
- What types of financial considerations do you have that complicate your life?
- What are you and your spouse’s current ability to care for your family?
- What are your future employment opportunities both here and in the destination country?
- What are pay rates and costs of living like both here and in the destination country?
- Would you suffer any losses due to the sale of your home or business?
- Would you or your spouse suffer the loss of a professional practice?
- What types of declines in your standard of living would you suffer?
- What would travel costs be like for you and your children to travel to visit your spouse in the destination country if you are separated?
- What would travel costs be like for you and your children to travel home to visit family if you are living in the destination country?
- What ability do you have to recover any short-term losses created by the separation or move to the destination country?
- What expenses do you incur for caring for other loved ones, such as elderly relatives, sick parents, etc.?
Education
- What are the special education needs or other training needs of dependent children, and what is the availability for services in the destination country?
- How would educational opportunities be affected?
- Would you or your spouse lose the opportunity to seek higher education?
- How does the quality and scope of education in the destination country compare to here?
- How would a requirement to be educated in a foreign language or culture impact your educational opportunities?
- Would you lose any education advancement, time, or grade level, due to the move?
- What other special issues arise with education? Are there any considerations related to specialized training, education programs, or internships?
Even with the hardship factors shown above, the letter must also show that the applicant actually deserves to have a hardship waiver approved. To answer that question appropriately, please consider these questions also.
- How long has the applicant lived in the United States?
- What are the applicant’s family ties to the United States?
- What types of hardship might the applicant suffer if removed from the United States?
- What types of hardship might the applicant’s family suffer if removed from the United States?
- What property or business ties does the applicant have here?
- What is the applicant’s employment history?
- Has the applicant ever served in the United States Armed Forces?
- What value or service does the applicant provide to the community?
- What other evidence exists of the applicant’s good moral character?
- How has the applicant been rehabilitated from a prior criminal issue?
These lists of questions may seem overwhelming, but you must spend extra time to consider these questions and provide thoughtful answers. A well-written hardship letter by the qualifying spouse or parent is usually the moat important part of winning an immigration case. Be sure to have evidence to support the hardships and the consequences.
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SAMPLE HARDSHIP LETTER FOR IMMIGRATION:
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{Your Name}
{Your Address}
{Address Continued}
{Your Phone Number}
{Recipient’s Name}
ATTN: {appropriate person or department}
{Address}
{Address Continued}
{Date}
To Whom It May Concern:
My name is {Name} and my {husband, wife, parent, child, etc.} is currently being detained at {name of border station or other holding area} and denied entry back into the United States.
I am respectfully requesting that {Name} be allowed to enter the country and return to {his/her} home.
{Name} has family ties in the United States, including {list of family living in the country}. {He/she} has lived in the United States for {length of time}, and has established a life here.{Write some more details about the family members, including ages, as well as what value the detainee has to those people}. {His/her} family desperately needs {him/her} to be allowed to return.
Without {Name’s} income from {place of employment}, our family faces significant financial hardship. We currently{own/rent} our home, and the payments of {amount in dollars} every month are quickly becoming unbearable without {Name’s} help.
{Name’s} health is also an issue in this matter. {He/she} suffers from {health problems}, and without access to adequate medical care, {he/she} faces several medical issues. it is necessary that {he/she} be granted access to the United States so that {he/she} may continue with the appropriate treatments.
I hope you will consider all of these facts, and allow {Name} to return to {his/her} family.
Sincerely,
{Sender Name}
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