## Hardship Waiver Application for Deportation

### Table of Contents

1. Introduction
2. Background of the Client
3. Hardship to the Client
4. Hardship to the Client's Family
5. Conclusion

### Introduction

This application seeks a hardship waiver from deportation for [Client's Name], a [Nationality] national residing in Kenya. The application is based on the grounds that deportation would cause extreme hardship to the client and their family, as outlined in the Immigration and Refugee Act, 2011.

### Background of the Client

[Client's Name] has been residing in Kenya for [Number] years. They have established strong ties to the country, including:

* **Family Ties:** [Client's Name] has [Number] children who are Kenyan citizens. They are [Age] and [Age] years old. The children were born and raised in Kenya and have no other home.
* **Employment:** [Client's Name] is employed as a [Occupation] at [Company Name]. They have been employed for [Number] years and contribute significantly to the Kenyan economy.
* **Community Involvement:** [Client's Name] is actively involved in the community, participating in [Activities]. They have established strong relationships with their neighbors and friends.

### Hardship to the Client

Deportation would cause extreme hardship to [Client's Name] for the following reasons:

* **Loss of Family:** Deportation would separate [Client's Name] from their children, who are Kenyan citizens and have no other home. This separation would have a devastating impact on the children's well-being and emotional development.
* **Loss of Employment:** Deportation would result in the loss of [Client's Name]'s employment, which is their primary source of income. This would have a significant financial impact on the family and could lead to poverty and homelessness.
* **Loss of Community:** Deportation would sever [Client's Name]'s ties to the Kenyan community, where they have built a life and established strong relationships. This would result in a loss of social support and integration.
* **Health Concerns:** [Client's Name] has [Health Condition] and requires access to medical care in Kenya. Deportation would disrupt their access to healthcare and could have serious consequences for their health.

### Hardship to the Client's Family

Deportation would also cause extreme hardship to [Client's Name]'s family, including:

* **Financial Hardship:** The family would lose their primary source of income, which would make it difficult to meet their basic needs, such as food, shelter, and education.
* **Emotional Distress:** The children would experience significant emotional distress due to the separation from their parent. This could lead to behavioral problems and academic difficulties.
* **Social Isolation:** The family would be isolated from their support network in Kenya, which could make it difficult to cope with the challenges of deportation.

### Conclusion

Deportation would have devastating consequences for [Client's Name] and their family. The hardship they would face is extreme and outweighs any public interest in their removal. Therefore, we respectfully request that you grant a hardship waiver from deportation.

**Sources:**

* **Immigration and Refugee Act, 2011:** This Act outlines the grounds for deportation and the process for seeking a hardship waiver.
* **Constitution of Kenya, 2010:** This document guarantees the right to family life and the right to a fair hearing.

**Note:** This is a sample hardship waiver application and should be adapted to the specific circumstances of the client. It is essential to consult with an immigration lawyer to ensure that the application is properly prepared and submitted.


## 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)](https://www.uscis.gov/laws/laws-and-regulations/immigration-and-nationality-act)
* [Kenya Immigration Department](https://www.immigration.go.ke/)

### 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. 


### Table of Contents

1. Introduction
2. Legal Framework for Hardship Waivers in Kenya
3. Key Elements of a Hardship Waiver Application
4. Sample Hardship Waiver Application
5. Relevant Case Laws
6. Conclusion
7. TLDR

---

### 1. Introduction

In Kenya, individuals facing deportation may seek relief through a hardship waiver application. This legal mechanism allows individuals to present their case, demonstrating that their deportation would result in extreme hardship to themselves or their qualifying relatives. This document will provide an overview of the legal framework for hardship waivers in Kenya, outline the key elements of a hardship waiver application, and present a sample application for reference.

### 2. Legal Framework for Hardship Waivers in Kenya

The legal framework for hardship waivers in Kenya is primarily governed by the Immigration Act, Cap 172 of the Laws of Kenya. The Act provides the legal basis for the issuance of various permits and the deportation of individuals who do not comply with immigration laws. Section 33 of the Act outlines the grounds for deportation, while Section 34 provides for the issuance of permits and passes, including those that may be granted on humanitarian grounds.

#### Key Provisions:

- **Section 33**: Grounds for deportation, including overstaying a visa, illegal entry, and other violations of immigration laws.
- **Section 34**: Issuance of permits and passes, including those granted on humanitarian grounds.

### 3. Key Elements of a Hardship Waiver Application

A successful hardship waiver application must include the following key elements:

1. **Personal Information**: Details of the applicant, including name, date of birth, nationality, and immigration status.
2. **Grounds for Hardship**: A detailed explanation of the grounds for claiming hardship, including financial, medical, emotional, and social factors.
3. **Supporting Evidence**: Documentation supporting the claims of hardship, such as medical reports, financial statements, and affidavits from family members and community leaders.
4. **Legal Arguments**: References to relevant legal provisions and case laws that support the application.
5. **Conclusion**: A summary of the key points and a request for the waiver to be granted.

### 4. Sample Hardship Waiver Application

---

#### Hardship Waiver Application

**[Your Full Name]**  
**[Your Address]**  
**[City, Postal Code]**  
**[Email Address]**  
**[Phone Number]**  

**[Date]**

**The Director of Immigration Services**  
**Department of Immigration Services**  
**P.O. Box 30191-00100**  
**Nairobi, Kenya**

**Re: Application for Hardship Waiver**

Dear Sir/Madam,

I am writing to formally request a hardship waiver in relation to my pending deportation. I am currently facing deportation due to [state the reason for deportation, e.g., overstaying my visa]. I respectfully request that you consider my application for a hardship waiver based on the following grounds:

### Personal Information

- **Full Name**: [Your Full Name]
- **Date of Birth**: [Your Date of Birth]
- **Nationality**: [Your Nationality]
- **Immigration Status**: [Your Current Immigration Status]

### Grounds for Hardship

#### Financial Hardship

I am the primary breadwinner for my family, which includes my spouse and two children. My deportation would result in significant financial hardship for my family, as they rely on my income for their basic needs, including housing, food, and education. Attached are copies of my employment records and financial statements demonstrating my financial contributions to my family.

#### Medical Hardship

My spouse suffers from a chronic medical condition that requires ongoing treatment and medication. My deportation would severely impact their ability to access necessary medical care, as I provide both financial and emotional support. Enclosed are medical reports and a letter from our family doctor detailing my spouse's condition and the importance of my presence for their well-being.

#### Emotional Hardship

My children are deeply attached to me, and my deportation would cause them significant emotional distress. They are currently enrolled in school and are well-integrated into the community. Disrupting their lives at this critical stage would have long-lasting negative effects on their emotional and psychological development. Included are letters from their teachers and school counselors attesting to their well-being and the potential impact of my deportation.

### Supporting Evidence

- Employment records and financial statements
- Medical reports and a letter from our family doctor
- Letters from teachers and school counselors
- Affidavits from family members and community leaders

### Legal Arguments

Under Section 34 of the Immigration Act, Cap 172, the Director of Immigration Services has the discretion to issue permits and passes on humanitarian grounds. I respectfully submit that my case warrants such consideration due to the extreme hardship that my deportation would cause to my family and me. Additionally, relevant case laws, such as [insert relevant case law], support the granting of hardship waivers in circumstances where deportation would result in significant hardship.

### Conclusion

In light of the above, I kindly request that you grant my application for a hardship waiver. My deportation would result in extreme hardship to my family and me, and I believe that my continued presence in Kenya is in the best interest of all parties involved. I am willing to comply with any conditions that may be imposed as part of the waiver.

Thank you for your time and consideration.

Yours faithfully,

**[Your Full Name]**

---

### 5. Relevant Case Laws

#### 1. **Republic v. Minister for Immigration and Registration of Persons & 2 others Ex-Parte C.O. [2013] eKLR**

- **Parties**: C.O. (Applicant) vs. Minister for Immigration and Registration of Persons (Respondent)
- **Outcome**: The High Court quashed the deportation order, emphasizing the need for fair administrative action and the consideration of humanitarian grounds.
- **Relevance**: This case underscores the importance of considering humanitarian grounds and the potential hardship caused by deportation.

#### 2. **Republic v. Principal Immigration Officer & another Ex-Parte Laban Gachie [2014] eKLR**

- **Parties**: Laban Gachie (Applicant) vs. Principal Immigration Officer (Respondent)
- **Outcome**: The court granted a stay of the deportation order, highlighting the need to consider the applicant's family ties and the potential hardship to his dependents.
- **Relevance**: This case illustrates the court's willingness to intervene in deportation cases where significant hardship to the applicant and their family is demonstrated.

### 6. Conclusion

Applying for a hardship waiver in Kenya requires a comprehensive and well-documented application that clearly outlines the grounds for hardship and provides supporting evidence. By following the guidelines provided in this document and referencing relevant legal provisions and case laws, applicants can increase their chances of obtaining a waiver and avoiding deportation.

### 7. TLDR

To apply for a hardship waiver in Kenya, you must provide detailed personal information, explain the grounds for hardship, and submit supporting evidence. Relevant case laws, such as Republic v. Minister for Immigration and Registration of Persons & 2 others Ex-Parte C.O. [2013] eKLR, support the consideration of humanitarian grounds in deportation cases.

---

Sources:
- [Kenya Law Reports](http://www.kenyalaw.org)
- [Immigration Act, Cap 172](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)

Write a hardship waiver application for a client facing deportation

Ask a lawyer: Write a hardship waiver application for a client facing deportation

Ask a lawyer:
Write a hardship waiver application for a client facing deportation