Illegal immigrants who have been living in Illinois or anywhere else in the United States for more than one year could gain legal citizenship if they leave the country for at least 10 years. However, some illegal immigrants who are facing certain types of extreme hardships can avoid the 10-year out-of-country requirement by filing for a 601 waiver of grounds of inadmissibility. U.S. Citizenship and Immigration Services will analyze the hardship request against the needs of immediate family members. While deportation could be deferred, the application for hardship does not always grant permanent citizenship.
Inadmissible persons include those who have been in the country for more than one year without legal status. They can be denied a visa, and they will face deportation if they enter the country. They also will not be allowed to modify their immigration status.
The definition of extreme hardship to a family must be very serious in order to be considered. Hardships that are determined to be typical or common would not be grounds for the 601 waiver. Examples include loss of income, separation of children from their parents, and relocation of remaining family members.
Examples of situations that might be granted a waiver include medical hardships that prevent travel or the inability to pay debt if they leave the country. Other circumstances that might delay deportation without a waiver include victims of domestic violence and children brought into the country by illegal parents.
Immigration law is complex and often not straight forward. For those who are here illegally, they are most likely fearful and stressed for themselves and their families. An experienced immigration attorney could help to gain a positive resolution for an illegal immigrant and offer some deportation protection for their children and for them.