Burden Of Proof: Separation Or Relocation

Who has the burden of proof in I-601 waiver cases?

The waiver applicant. The immigrant.

This means the applicant has the responsibility for showing the Qualifying Relative will suffer extreme hardship if the applicant’s waiver application is denied.

There are three different levels when it comes to a person’s burden of proof.

Related Podcasts:

Episode 170: Towards Simplifying The Meaning Of Hardship In Immigration Cases

Episode 166: Community Service: A Plus Factor For Immigrants

Recommended Links For More Information:

I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships

Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making

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About the Podcast

The Immigration Mastermind

The Immigration Mastermind is a podcast for immigrants and their families that shares tips, insights, and tidbits to help guide the quest for permanent residence and citizenship in the United States. The podcast strives to build knowledge, while dispelling myths in short bite-sized, easy-to-understand snippets of pull-no-punches information.

Designed for both immigrant families who have already started the immigration process and those just starting to think about their journey, the Immigration Mastermind provides a mix of expert tips about legal rules, insights about breaking news, and tidbits to help immigrants and their families to keep their chin up, even when the road to success seems to be a never-ending road.

About your host

Carlos Batara

Carlos Batara is an immigration lawyer, author, educator, public speaker, and online talk show host. A graduate of Harvard Law School, he has cared for, protected, and guided immigrants from over 100 countries on their journeys to the United States. His goal is to help at least one family from every nation in the world before he calls it quits.

With family roots from Mexico, Spain, and the Philippines, as well as Native American, Greek, and Turkish ancestry, he brings a broad multicultural background to the practice of immigration law.

Combined with knowledge gained from advanced studies in international relations and constitutional politics, Carlos is always willing to speak his mind openly on immigration issues.