Waiver criteria for family-based. USCIS issued policy guidance regarding conditional permanent resident (CPR) cases, stating that USCIS officers may consider waiving an interview in these cases if an candidate meets certain condition and improve interview waiver basis to eliminate automatic transfer in certain cases.

Prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS crew resources.

After you send your waiver criteria for family-based adjustment of status application packet. This interview take place at one of USCIS’s local offices, hopefully near where you live.

Family based immigration allows United States national and lawful permanent residents (LPR) to bring their family members into the country. The most common form of legal immigration, family based immigration makes up two thirds of immigration into the United States.

waiver criteria for family-based

waiver criteria for family-based Law Offices of Brian D. Lerner, APC immigration law firm attorney at law Brian Lerner

waiver criteria for family-based

waiver criteria for family-based Law Offices of Brian D. Lerner, APC immigration law firm attorney at law Brian Lerner

Waiver Criteria for Family-Based Immigration — who qualifies and how to prepare

Family-based immigration waivers forgive certain grounds of inadmissibility so eligible relatives can obtain lawful status or consular visas. Therefore, understanding which waiver applies, the standard the government uses (for example, “extreme hardship”), and the evidence needed is essential to win approval. Below is a clear guide to common family-based waivers, required elements, and practical steps to prepare a strong waiver package.

Common family-based waiver types (overview)

I-601 (Waiver of Grounds of Inadmissibility): used for many inadmissibility grounds and usually requires demonstration of extreme hardship to a qualifying U.S. relative.
I-601A (Provisional Unlawful Presence Waiver): for certain immediate relatives in the U.S. who will consular process; reduces separation time if approved.
Criminal/rehabilitation waivers: applicable in limited instances—document convictions and rehabilitation evidence carefully.
Fraud/misrepresentation waivers: discretionary and require strong mitigating equities and hardship evidence.

The central standard — “extreme hardship”

Most family-based waivers require showing extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative. Decision-makers evaluate cumulative hardships—medical, financial, educational, safety, and family separation—and whether those hardships are severe beyond ordinary immigration consequences. Documentary proof (medical records, expert reports, financial records, affidavits) is critical.

Evidence checklist (practical)

Relationship & identity: birth/marriage certificates, joint financial documents.
Hardship evidence: medical notes, therapist letters, school records, care-needs documentation, income/tax records.
Country-conditions materials: reports, news articles, expert declarations if relevant.
Criminal/court records: certified dispositions, sentencing docs, rehabilitation evidence.
Affidavits: a detailed beneficiary declaration and corroborating witness statements.

Practical steps & timeline

Screen waiver eligibility and identify the proper form (I-601 vs I-601A).
Draft the hardship declaration and collect supporting documents.
Obtain expert reports (medical, mental-health, country-conditions) where needed.
Prepare a legal cover brief tying facts to the extreme-hardship standard and attach an exhibit index.
File the waiver, preserve originals, and monitor for RFEs; processing times vary.

Common cautions

Disclose full criminal and immigration history—failure to do so can be fatal to a waiver.
Use certified translations for non-English documents and certified copies for court records.
Remember that most waivers are discretionary—document equities and mitigation carefully.

How we help

We screen waiver eligibility, draft hardship declarations and legal briefs, assemble exhibit binders, secure expert reports, prepare I-601 / I-601A packets, and guide clients through USCIS and consular stages.