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Hardship Waiver Application

This document is a sample hardship waiver application for a client facing deportation. It is important to note that this is a sample document and should be adapted to the specific facts of each case. You should consult with an attorney to ensure that your application is complete and accurate.

Table of Contents

  1. Introduction

  2. Background of the Client

  3. Hardship to Qualifying Relative

  4. Factors Supporting Extreme Hardship

  5. Conclusion

  6. Document

Introduction

This hardship waiver application is submitted on behalf of [Client's Full Name], a [Nationality] national, who is facing deportation from Kenya. [Client's Full Name] is seeking a waiver of inadmissibility under Section [Section Number] of the Immigration and Nationality Act (INA) to avoid deportation.

Background of the Client

[Client's Full Name] has been residing in Kenya for [Number] years. [He/She] is a [Occupation] and has been employed at [Company Name] for [Number] years. [Client's Full Name] is a [Marital Status] and has [Number] children. [He/She] is a [Religion] and is an active member of the [Church/Mosque/Temple] community.

[Client's Full Name] has a strong connection to Kenya and has established deep roots in the community. [He/She] has a [Number] year-old child who is a Kenyan citizen and attends school in Kenya. [Client's Full Name] is the sole provider for [His/Her] family and is responsible for their financial well-being.

[Client's Full Name] is facing deportation due to [Reason for Deportation]. [He/She] has been found inadmissible to Kenya because of [Grounds of Inadmissibility].

Hardship to Qualifying Relative

[Client's Full Name]'s qualifying relative is [Qualifying Relative's Full Name], a Kenyan citizen. [Qualifying Relative's Full Name] is [Client's Full Name]'s [Relationship to Qualifying Relative]. [Qualifying Relative's Full Name] is [Occupation] and is employed at [Company Name]. [He/She] is a [Marital Status] and has [Number] children.

[Qualifying Relative's Full Name] is financially dependent on [Client's Full Name]. [Client's Full Name] provides [Qualifying Relative's Full Name] with [Financial Support]. [Qualifying Relative's Full Name] would suffer extreme hardship if [Client's Full Name] were deported.

Factors Supporting Extreme Hardship

The following factors support the claim of extreme hardship:

  • Family Ties: [Client's Full Name] has strong family ties to Kenya. [He/She] has a [Number] year-old child who is a Kenyan citizen and attends school in Kenya. [Client's Full Name] is the sole provider for [His/Her] family and is responsible for their financial well-being.

  • Financial Dependence: [Qualifying Relative's Full Name] is financially dependent on [Client's Full Name]. [Client's Full Name] provides [Qualifying Relative's Full Name] with [Financial Support]. [Qualifying Relative's Full Name] would suffer extreme hardship if [Client's Full Name] were deported.

  • Community Involvement: [Client's Full Name] is an active member of the [Church/Mosque/Temple] community. [He/She] has been involved in [Community Activities]. [Client's Full Name]'s deportation would have a negative impact on the community.

  • Health Concerns: [Client's Full Name] has [Health Concerns]. [He/She] is receiving medical treatment in Kenya. [Client's Full Name]'s deportation would disrupt [His/Her] medical treatment and could have a serious impact on [His/Her] health.

  • Other Factors: [Other Factors Supporting Extreme Hardship].

Conclusion

For the foregoing reasons, [Client's Full Name] respectfully requests that the Kenyan authorities grant [Him/Her] a waiver of inadmissibility under Section [Section Number] of the INA. [Client's Full Name] believes that [He/She] meets the requirements for a waiver and that [His/Her] deportation would cause extreme hardship to [His/Her] qualifying relative.

TLDR

[Client's Full Name] is seeking a hardship waiver to avoid deportation from Kenya. [He/She] has strong family ties to Kenya and is the sole provider for [His/Her] family. [Client's Full Name]'s deportation would cause extreme hardship to [His/Her] qualifying relative.

Sources

  • Immigration and Nationality Act (INA)

  • Kenya Immigration Department

Case Laws

  • Matter of Cervantes, 22 I&N Dec. 560, 566 (BIA 1999): This case established the standard for proving extreme hardship in the context of immigration waivers. The Board of Immigration Appeals (BIA) held that extreme hardship must be "exceptional and unusual" and must be "demonstrated by clear and convincing evidence."

  • Judulang v. Holder, 565 U.S. 42 (2011): This case involved a rule adopted by the Board of Immigration Appeals for determining the eligibility of certain long-term resident aliens facing deportation. The Supreme Court held that the BIA's rule was arbitrary and capricious and that the BIA must consider all relevant factors when determining whether to grant a waiver.


Document

Hardship Waiver Application

Applicant: [Client's Full Name]

Date: [Date]

Address: [Client's Address]

Phone Number: [Client's Phone Number]

Email Address: [Client's Email Address]

Qualifying Relative: [Qualifying Relative's Full Name]

Relationship to Qualifying Relative: [Relationship to Qualifying Relative]

Address: [Qualifying Relative's Address]

Phone Number: [Qualifying Relative's Phone Number]

Email Address: [Qualifying Relative's Email Address]

Grounds of Inadmissibility: [Grounds of Inadmissibility]

Reason for Deportation: [Reason for Deportation]

Statement of Facts:

[Provide a detailed statement of facts, including the applicant's background, family ties, financial dependence, community involvement, health concerns, and other factors supporting extreme hardship.]

Supporting Documents:

[List all supporting documents, including birth certificates, marriage certificates, employment records, tax returns, medical records, and any other relevant documents.]

Declaration:

I, [Client's Full Name], declare that the information provided in this application is true and accurate to the best of my knowledge and belief.

Signature:

[Client's Signature]

Date: [Date]

Witness:

[Witness 1 Full Name]

Address: [Witness 1 Address]

Signature:

[Witness 1 Signature]

Date: [Date]

Witness:

[Witness 2 Full Name]

Address: [Witness 2 Address]

Signature:

[Witness 2 Signature]

Date: [Date]


This document is a sample hardship waiver application and should be adapted to the specific facts of each case. You should consult with an attorney to ensure that your application is complete and accurate.

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