In U.S. immigration law, extreme hardship involves showing that denial of benefits or removal from the country would cause significant suffering for the individual or their family members. This concept is often critical in certain immigration actions, such as applying for waivers, qualifying for some benefits, and fighting deportation.
If you believe you may benefit from claiming extreme hardship in your immigration case, you should discuss your options with an immigration lawyer who can offer advice and guidance. Most immigration law firms provide free consultations.
Understanding Extreme Hardship in U.S. Immigration Cases
Extreme hardship is a legal standard used to evaluate the possible negative effects of immigration actions, such as deportation or inadmissibility. U.S. Citizenship and Immigration Services (USCIS) considers how these actions will affect the individual in question and their qualifying relatives.
Extreme hardship generally must involve more than the common consequences most people would experience with deportation, such as being separated from family, experiencing financial difficulties, or adjusting to life in a new country.
The person or family’s full circumstances should be evaluated to determine if they qualify for extreme hardship. One individual factor or a combination of factors may qualify for an extreme hardship waiver.
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What Is the Legal Basis of Hardship in Immigration Law?
Hardship is defined in the Immigration and Nationality Act (INA), and the rules that apply may differ based on the circumstances. For example, under INA Section 212, a waiver of inadmissibility for certain crimes might be available if the applicant can show that denial of admission would cause extreme hardship to a spouse, child, or parent who is a U.S. citizen or lawful permanent resident.
For cancellation of removal, an individual must show that their deportation would result in an “exceptional and extremely unusual hardship,” which is a higher standard than extreme hardship. According to the USCIS, this requires evidence of severe and uncommon consequences that a U.S. citizen or lawful permanent resident spouse, parent, or child will endure because of their deportation.
What Factors Does the USCIS Consider in Hardship Determinations?
When handling your application and evaluating a hardship claim, the adjudicator will consider various factors, such as:
Health Concerns
- Ongoing treatment for chronic or serious medical conditions
- Availability and quality of medical treatment in the immigrant’s home country
Financial Stress
- Loss of income and inability to cover basic needs
- Lack of employment opportunities
- Debt obligations
- The economic effects of moving the family
Educational Opportunities or Interruption
- The effect on the children’s education, including access to quality schooling
- Language barriers for children raised in the United States
Family Separation
- Emotional strain caused by separating families
- Psychological effects on qualifying relatives due to separation
- Effects on caregiving responsibilities, especially for elderly or dependent relatives
What Evidence Is Necessary to Prove Immigration Hardship?
Having the right evidence to submit with your extreme hardship waiver application is essential. Depending on the circumstances, your evidence may include:
- Relevant medical records
- Doctor’s letters about diagnosis and treatment
- Employment records and financial statements
- Educational records and school letters from educators
- Documents showing issues in the home country, such as high crime rates, documented political instability, or a significant lack of resources
Why Is Hardship Difficult to Prove?
Hardship is subjective. This creates a significant challenge in knowing what is necessary to prove hardship. Adjudicators have broad discretion because of this. Even strong cases may fail without detailed documentation that effectively demonstrates the severity of hardship on the applicant and their family.
How Can an Immigration Attorney Help With a Hardship Claim?
If you need to prove hardship to get an inadmissibility waiver or avoid deportation, you are likely stressed and desperate to get approval. This is not something you want to leave to chance. Navigating the complexities of hardship cases requires knowing what the adjudicators will be looking for and how to handle the process.
When you hire an experienced immigration attorney to manage your case, they will:
- Assess your case’s strengths and evaluate the likelihood of meeting the hardship standard for your particular case
- Gather evidence, including obtaining and organizing critical documents such as medical records, financial documents, and educational records
- Develop a strong strategy and present a compelling narrative that meets all necessary statutory and case law requirements
- Represent, guide, and advocate on your behalf during interviews or hearings
Hardship determinations are often life-changing. Having a lawyer on your side who understands the applicable laws and applies them every day could make a difference in your case.
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When Should I Contact an Immigration Attorney About My Case?
If you need to apply for a hardship waiver or fight deportation, you should consider hiring an immigration attorney as soon as possible. The stakes are high in these cases, so you want to give your lawyer as much time as possible to develop your case.
Applying for a hardship waiver is a complex process that requires demonstrating exactly how denying the waiver would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident. Proving hardship in a removal case is even more difficult.
You want your attorney to manage the process without rushing or leaving out key documents because there is no time to obtain them, so we recommend contacting us as soon as possible to get started.
Discuss Your Options for Showing Hardship in Your Immigration Case
At Bogin, Munns & Munns, our full-service law firm has been practicing the full spectrum of Florida law since 1979. This includes helping many individuals and families secure visas, green cards, and other immigration approvals.
If you are seeking a waiver, cancellation of removal, or another benefit that requires you to prove extreme hardship, we are here for you. An immigration lawyer from our attorneys can provide guidance and help you build a strong case. Our strong understanding of how hardship works could increase your chances of success. Contact us for your free consultation to learn more.
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