Free Samples: Hardship Letter for Immigration for Spouse

A hardship letter, also known as a “letter of hardship,” is a document explaining your circumstances that compels you to write such a letter. 

In the context of immigration for a spouse, the hardship letter is used to detail why the individual applying for immigration should be allowed to stay in the country, usually because their departure would cause extreme hardship for a spouse who is a U.S. citizen or lawful permanent resident. Below is a step-by-step guide on how to write an effective hardship letter for immigration for a spouse:

Step 1: Understand the Purpose of the Letter

Before starting, understand that the purpose of this letter is to demonstrate that the U.S. citizen or lawful permanent resident spouse would face “extreme hardship” if their immigrant spouse were not allowed to stay in the United States. 

“Extreme hardship” is typically defined as hardship that is more than the usual hardship a couple would experience due to a prolonged separation.

Step 2: Gather Your Thoughts and Information

Make a list of all the reasons that would make it extremely hard for the U.S. citizen or lawful permanent resident if their spouse is not permitted to stay in the U.S. 

This could include things like medical issues, financial issues, educational concerns, personal and emotional distress, and the conditions in the country to which the immigrant spouse would be deported.

Step 3: Start Writing the Letter

Start the letter with your name, address, and date at the top, followed by the name and address of the recipient (usually the U.S. Citizenship and Immigration Services). Start the body of the letter by stating your purpose for writing. For example:

“I am writing this letter to explain the extreme hardship that my spouse and I would experience if he/she is not allowed to remain in the United States.”

Step 4: Detail Your Relationship and Circumstances

In this section, provide details about your relationship, such as when and where you met, when you were married, and any children you have together. Also explain your spouse’s current immigration status.

Step 5: Explain the Hardship

This is the most important part of the letter. You need to explain in detail the reasons why it would cause extreme hardship if your spouse is not allowed to stay. 

This can include:

1. Financial hardship: If your spouse is a significant contributor to your household income, their departure would have a major impact. Also consider whether you would be able to find employment in your spouse’s home country.
2. Emotional distress: If the separation would cause significant psychological distress to you or to your children, make sure to explain this in detail.
3. Medical issues: If you or a family member has a medical condition that requires treatment that would be unavailable or insufficient in your spouse’s home country, detail this in the letter.
4. Educational concerns: If you or your children are pursuing educational opportunities that would be disrupted by the separation or relocation, explain this in your letter.
5. Conditions in the spouse’s home country: If the conditions in your spouse’s home country (such as violence, poverty, or persecution) would make it difficult for you or your children to live there, make sure to detail this.

Use specific examples and provide as much detail as possible. If you have documentation to support any of these claims, mention that you are attaching the supporting documents.

Step 6: Wrap Up the Letter

In the concluding part of the letter, reiterate your request and the importance of your spouse’s presence in the U.S. Make sure to express your gratitude for the consideration of your application.

Step 7: Signature

Finally, sign the letter with your full name. If you’re represented by an attorney, they should also review and sign the letter.

Step 8: Review and Proofread

Review your letter for clarity and errors. It’s important to make sure that your letter is free from spelling and grammatical mistakes. It also needs to be factual, honest, and consistent with all the other information you have provided to USCIS.

Step 9: Gather Supporting Documents

Gather any documents that can support the claims you made in your letter. This could be medical records, employment documents, financial records, school records, or any other relevant documentation. Attach these documents with your letter.

Step 10: Consult with an Immigration Attorney

It can be beneficial to consult with an immigration attorney to review your letter and the entire immigration application. Immigration law is complex, and each case is unique, so having professional guidance can greatly increase your chances of success.

Step 11: Send the Letter

Finally, send the letter to the correct USCIS address for the processing of these requests. Make sure to keep a copy for your records.

Remember, this letter can play a crucial role in the decision-making process of your spouse’s immigration application. It needs to be persuasive and touch on all the important aspects that demonstrate the extreme hardship you would face if your spouse is not allowed to stay in the U.S. Be thorough, be sincere, and be clear.

Template 1: Hardship Letter for Immigration for Spouse

[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
[Date]

U.S. Citizenship and Immigration Services
[USCIS Address]

Subject: Extreme Hardship Consideration for [Spouse’s Full Name]

Dear Sir/Madam,

I am writing this letter to detail the extreme hardship I would face if my spouse, [Spouse’s Full Name], is not allowed to remain in the United States.

My name is [Your Full Name] and I am a U.S. citizen. I met my spouse [mention where and when you met] and we were married on [Wedding Date]. We have [number of children] children who are all U.S. citizens.

[Spouse’s Name] has been a key contributor to our household income. With his/her departure, I would be unable to meet our financial obligations including [mention specific financial obligations like mortgage payments, car payments, tuition fees, etc.].

My emotional distress at the prospect of separation is immense. [Spouse’s Name] has been my pillar of support and our children are deeply attached to him/her. It would be psychologically devastating for all of us to face this separation.

In addition, our son/daughter [Child’s Name] has a medical condition that requires specialized care and treatment that would not be available in [Spouse’s Home Country].

Moving to [Spouse’s Home Country] would be a significant challenge due to the economic instability, political unrest, and our lack of personal and professional connections. Our children would also face significant educational disruption.

Attached are supporting documents to substantiate these points.

I kindly request you to consider my plea and allow my spouse to remain in the United States. I am grateful for your understanding and your consideration of our circumstances.

Thank you for your time and attention.

Sincerely,

[Your Full Name]

Template 2: Hardship Letter for Immigration for Spouse

[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
[Date]

U.S. Citizenship and Immigration Services
[USCIS Address]

Subject: Request for Consideration of Extreme Hardship for [Spouse’s Full Name]

Dear Sir/Madam,

I am writing to express the severe hardship that my spouse’s deportation would cause to our family. I am a U.S. citizen, married to [Spouse’s Name], and we are parents to [number of children] children who are also U.S. citizens.

Financially, we are heavily dependent on the income that [Spouse’s Name] brings to our household. His/her deportation would leave us in financial distress and we would struggle to meet our basic needs.

Our children are emotionally attached to their father/mother, and his/her absence would cause them significant psychological distress. I fear for their emotional wellbeing in the face of such a traumatic event.

I suffer from [describe your health condition], which requires regular medical attention and emotional support from my spouse. His/her absence would exacerbate my condition and make my daily life extremely difficult.

Given the current situation in [Spouse’s Home Country], it would be unsafe and unfeasible for us to relocate there. There are insufficient medical facilities for my condition and the educational facilities for our children are inadequate.

I kindly request your understanding and mercy in our situation. Attached are the necessary documents to validate our claims.

Thank you for your time and consideration.

Sincerely,

[Your Full Name]

Frequently Asked Questions (FAQs)

Q: What is a hardship letter for immigration for a spouse?

Answer: A hardship letter for immigration is a document that is written by a U.S. citizen or permanent resident to support their spouse’s immigration application. 

It is a way to explain the hardships and difficulties that would arise if the spouse is not allowed to remain in the country. The purpose of the letter is to demonstrate to immigration authorities the compelling reasons why the couple should be allowed to stay together in the United States.

Q: What should be included in a hardship letter for immigration for a spouse?

Answer: A hardship letter for immigration should be well-structured and provide a detailed account of the hardships the couple would face if they were separated.

 Here are some key elements to include:

1. Introduction: Start by introducing yourself, your relationship with your spouse, and your spouse’s immigration status.
2. Relationship history: Describe how you and your spouse met, when you got married, and any significant events that demonstrate the genuine nature of your relationship.
3. Hardships: Explain the specific hardships that you and your spouse would face if you were separated. This may include emotional, financial, or health-related difficulties. Provide specific examples to support your claims.
4. Financial considerations: Describe your financial situation and any financial difficulties you would encounter if your spouse were to leave the country. Include details about your income, expenses, and any financial obligations you have.
5. Medical issues: If you or your spouse have any medical conditions or disabilities that require ongoing treatment or care, explain how these would be negatively impacted if you were separated.
6. Emotional impact: Discuss the emotional toll that separation would have on you, your spouse, and any children involved. Explain the importance of maintaining a stable and supportive family environment.
7. Supporting documents: Attach any relevant supporting documents, such as medical records, financial statements, letters from employers or professionals, and any other evidence that strengthens your case.
8. Conclusion: Summarize the key points of your letter and reiterate the request for your spouse’s immigration application to be approved.

Q: How long should a hardship letter for immigration for a spouse be?

Answer: A hardship letter should be concise and focused, typically no more than two to three pages in length. It’s important to provide sufficient details and examples to support your case, but avoid unnecessary repetition or irrelevant information. Be sure to present your points clearly and compellingly.

Q: Can a hardship letter guarantee the approval of a spouse’s immigration application?

Answer: While a well-written hardship letter can be a crucial element in supporting a spouse’s immigration application, it does not guarantee approval. The final decision rests with immigration authorities who consider various factors. 

However, a strong hardship letter can significantly strengthen your case and increase the chances of a positive outcome.

Q: Should a hardship letter for immigration for a spouse be written by an attorney?

Answer: It is not mandatory to have an attorney write the hardship letter, but it can be beneficial to seek legal advice and guidance to ensure the letter is effectively written and addresses all necessary points. 

An experienced immigration attorney can provide valuable assistance in preparing the hardship letter and navigating the immigration process.

Q: Are there any specific formatting requirements for a hardship letter for immigration?

Answer: There are no strict formatting requirements for a hardship letter, but it should be presented in a professional and organized manner. Use a clear and legible font, such as Arial or Times New Roman, and maintain consistent spacing and margins throughout the letter. Consider using headings or bullet points to enhance readability.