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A couple of days ago, I wrote the first of two posts about “extreme hardship” in immigration law.  Today, in the second post, I write about the question of exactly what “extreme hardship” is, and how we can show it.

In many immigration cases, we must show extreme hardship to the spouse or parent of the person applying for the immigration benefit.  In some cases, we may show extreme hardship to the child of the applicant.  The applicant’s qualifying relatives – spouses, parents, and (in some cases) children – must be either U.S. citizens or lawful permanent residents.

As we stated in the first post, we need to show harships of both separation and relocation.

“Extreme hardship” is open to interpretation.  U.S. government officials may consider many different types of hardships.  Many of the most common hardships involve financial concerns, medical conditions, educational goals, psychological or emotional issues, family ties, and conditions in the location where the applicant would be living if the waiver is not granted.  In order to explain the hardship to the qualifying relatives, we must imagine that the applicant for the waiver is living in his or her home country.

Financial concerns:  An assessment of the loss of income to the household as a result of the applicant’s residence outside the United States, and the ripple effects that this loss can have on the well-being of the qualifying relatives.

Medical conditions:  The effects on the qualifying relatives of the potential lack of access to medical care in the country of relocation, and the potential loss of access to medical care in the United States due to loss of income or loss of insurance coverage.

Educational goals: The effects of the applicant’s absence on the education of qualifying relatives, including the loss of educational opportunities in the country of relocation, or the loss of opportunities in the United States due to financial or time constraints.

Psychological or emotional issues: The stress and anxiety that result from separation of qualifying relatives from the applicant, and the stresses and pressures that would accompany the qualifying relative’s relocation to another country.

Family ties: The qualifying relative’s connections to relatives in the United States, vs. connections to relatives in the country of relocation.

Country conditions:  Aspects of life in the country of relocation, including housing conditions, sanitation, educational opportunities, safety, social or political unrest, violence, environmental risks.

An application for a waiver based on a showing of extreme hardship requires significant careful preparation, planning, and documentation.  I have extensive experience in preparing these applications, and a strong record of success.

In many immigration cases, in order to help a client to obtain permanent resident, or “green card” status, we need to establish something called “extreme hardship” to a qualifying relative, such as the applicant’s spouse or parent who is a U.S. citizen or permanent resident.

For example, if you entered the United States without permission, without a visa, and without presenting yourself to U.S. immigration officials when you entered, then you might not be eligible to obtain your green card while you are in the United States.  You would need to go to a U.S. Consulate in your country of origin and apply for an immigrant visa.  If you are approved, then you receive the immigrant visa and enter the United States as a permanent resident.

The problem, however, is that if you are living in the United States without permission for 1 year or more, and then you leave the United States, you will be subject to the “10-year bar,” which means that you will not be permitted to enter the United States until you have spent 10 years outside, unless you obtain a waiver.  If you are granted the waiver, then you are permitted to enter the United States without the need to spend 10 years outside.

In order to obtain the waiver, we must convince the U.S. immigration officials that the denial of the waiver will result in “extreme hardship” to your spouse or parent who is a U.S. citizen or a permanent resident.  In order to obtain the waiver, we must imagine that we don’t have the waiver, and that you, the applicant, must spend 10 years outside the United States, living in your home country.

Then, we must imagine two different scenarios:

(1) Your spouse or parent who is a U.S. citizen or permanent resident remains in the United States and is separated from you for 10 years.

(2) Your spouse or parent who is a U.S. citizen or permanent resident lives with you, outside the United States, in your home country for 10 years.

We must show that BOTH of these scenarios will result in “extreme hardship” to your spouse or parent.  If we convince U.S. immigration officials that BOTH of these scenarios will result in extreme hardship, then you will be granted the waiver, and you will not be required to spend 10 years outside the United States.

In Part 2, we will explore the question of exactly what is “extreme hardship” and how we can show it.