Applicant for a Waiver of Inadmissibility, also known as the Extreme Hardship Waiver, must prove that the qualifying relative will suffer extreme hardship if the waiver is denied
Applicants for the extreme hardship waiver must meet the same standards under the regular Form I-601 or under the provisional unlawful presence waiver Form I-601A. You still must prove that your “qualifying relative” will suffer “extreme hardship” if you are not admitted to the U.S. before the bar expires.
The qualifying relative (either spouse, parent or son, depending on the type of inadmissiblity) and the immediate relative need not be the same person. For example, when the undocumented immigrant’s spouse is a permanent resident, and the couple has an adult U.S. citizen son, the spouse is the qualifying relative and the son is the immediate relative. Although the son files the immigrant petition in the immediate relative category, the visa applicant must prove that the spouse will suffer extreme hardship if the 3/10 year bar is not waived.
Meeting the “extreme hardship” standard is challenging. “Extreme hardship” is more than just the normal hardships that arise when families are separated.
USCIS considers a variety of factors when determining whether your qualifying relative will suffer extreme hardship either by staying abroad with you or remaining in the U.S. without you. They include:
Health: Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term; need for applicant to assist with physical or mental conditions.
Financial Considerations: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (e.g. elderly and sick parents).
Education: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade or pay level; availability of special requirements, such as training programs or internships in specific fields.
Personal Considerations: Close relatives in the U.S.; separation from spouse or children; ages of involved parties; length of residence and community ties in the U.S.
Special Factors: Cultural and language barriers; religious and ethnic obstacles; social unrest or civil war in your country; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures for support, guidance and protection.
USCIS considers the totality of the circumstances and weighs all the factors in the aggregate. USCIS will grant the waiver only if determines that the qualifying relatives will suffer extreme hardship if they remain in the U.S. without the applicant or if they joined the applicant abroad, due to a combination of factors.
