Definition
A U.S. citizen or lawful permanent resident family member whose hardship is considered in a waiver application — typically a spouse or parent.
A qualifying relative is a specific family member whose hardship forms the basis of an immigration waiver application. The identity of who counts as a qualifying relative depends on the type of waiver being filed.
For the I-601 waiver and I-601A provisional unlawful presence waiver, the qualifying relative must be a U.S. citizen or lawful permanent resident spouse or parent. For J-1 waivers based on exceptional hardship, the qualifying relative must be a U.S. citizen or lawful permanent resident spouse or child.
Siblings, adult children (for I-601/I-601A), grandparents, and other extended family members generally do not qualify. The waiver application must demonstrate extreme hardship specifically to the qualifying relative — hardship to the applicant alone, while considered, typically does not satisfy the legal standard.
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