If you are facing the risk of deportation, you may qualify for an extreme hardship immigration waiver. This is an option provided in certain circumstances that can protect individuals from deportation so that their family can stay together in the United States. However, although this waiver can be incredibly helpful, there are hardship USCIS guidelines you must meet to be accepted for this waiver. Keep reading to find out how to prove extreme hardship and how to create a strong case.
What Does USCIS Mean by ‘Extreme Hardship’?
An extreme hardship immigration waiver is an option for those facing immediate deportation. However, it isn’t something that all immigrants will qualify for, as your deportation must cause extreme hardship to your qualifying U.S. citizen or lawful permanent resident family member. This hardship doesn’t include the general and expected inconvenience and emotional distress that would come from having your family separated.
Firstly, the person seeking the waiver must be the qualifying relative who is either a lawful permanent resident or a U.S. citizen. When they apply for the waiver, they must provide proof that the deportation of their qualifying relative would create extreme hardship. The extreme hardship can be either emotional, financial, or medical.
In some situations, the USCIS may also consider hardships directly associated with family circumstances or safety concerns.
No matter what extreme hardship you could potentially face, your main priority needs to be providing extensive documentation to prove the legitimacy of the hardship.
Types of Waivers That Require Extreme Hardship
There are several different types of waivers you can apply for if you are facing the immediate risk of deportation from the United States. These waivers apply to different circumstances, often giving you the opportunity to achieve legal status so that you can remain in the U.S.
Here are the types of waivers that require proof of extreme hardship:
- I-601 (general waiver)
- I-601A (unlawful presence)
- I-212 (reentry after removal)
Also, some inadmissibility waivers require extreme hardship as well.
For the best chance of being approved for one of these waivers, you need to hire an immigration waiver lawyer. They will be able to help you apply for the correct waiver as well as collect extensive proof to help prove extreme hardship.
Examples of Acceptable Hardship
There is no clear definition of what extreme hardship is according to U.S. law. Because of this, it can be difficult to know how to prove extreme hardship, especially since extensive proof is required to be accepted for a waiver.
Without clear definitions for extreme hardship, there are certain factors the USCIS will take into account when determining who qualifies. This includes factors, such as:
- The age of the applicant’s children.
- The ability of the applicant’s children to adjust to life in their country of origin if deported.
- The length of the applicant’s U.S. residency.
- The applicant’s ties to the U.S. and their local community.
- Contributions the applicant has made to the U.S. and their community.
- The responsibilities of the applicant, such as caring for minor, elderly, or disabled family members.
- The qualifying relatives’ age and nature of relationship to the applicant.
- The military service of the qualifying relative.
- The decline in their standard of living if deported.
- Cost of care for sick, elderly, disabled, or minor family members.
- Availability of medical treatment that the applicant’s qualifying relative will get.
Keep in mind that these are just some general examples of what the USCIS will look into when determining if you qualify for an extreme hardship waiver. An immigration attorney will be able to help you find additional hardship evidence to support your case so that you have the best chance of being approved.
Tips for Strengthening Your Case
Getting approval for extreme hardship can be incredibly difficult as the requirements are quite strict and vary on a case by case basis. But there are some things that you can do to strengthen your case so that you have the best chance of approval.
Here are some examples of how you can create a strong case that clearly shows that you meet the requirements of extreme hardship:
- Focus on the U.S. citizen or lawful permanent resident relative instead of focusing on the immigrant facing deportation.
- Provide different types of hardship evidence to establish extreme hardship in different areas.
- Include objective evidence, such as country reports and medical documentation.
- Write a detailed personal statement outlining exactly how you would be impacted if your relative were deported.
Before creating your case, you should also take the additional step of hiring an immigration attorney. Trying to do this on your own is never recommended, as an attorney will have experience with what the USCIS will look for and can help you build the strongest case possible.
An immigration attorney can help you examine your circumstances to determine what type of extreme hardship evidence you can provide. They can also help you track down the right types of evidence that will be objective and will withstand the USCIS’s scrutiny.
Hire an Immigration Lawyer Today
If you are at risk of being deported, you may want to apply for an extreme hardship immigration waiver. Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Is financial hardship enough on its own?
The USCIS will look for a combination of qualifying factors when determining extreme hardship, so financial hardship is usually not enough on its own. You should try to provide proof of extreme hardship that covers emotional, medical, and financial areas.
Can children be qualifying relatives for hardship?
No, only spouses or parents qualify, and they must be either U.S. citizens or lawful permanent residents.
How long does it take to get a decision?
There is no specific timeline you can expect before receiving a decision, as there are many factors that can impact this. However, the general wait time is usually between six and 12 months as long as your application doesn’t run into any issues.
