Immigration Attorney
Immigration Lawyer Immigration Attorney Profile Legendary Stories Criminal Defense
click here to be intstantly connected to an Immigration Attorney click here to send us an email click here to read our blog
Provisional Stateside Waiver
Detained & Criminal Immigration
Defense From Deportation
Family Based Immigration
Marriage to a U.S. Citizen and Removal of Conditions
Non Immigrant Visas
Humanitairian & Special Immigration Programs
Employment Based Immigration
Maintaining Your Residency
Important Links You Need to Know
Resources: Immigration Consequences of Criminal Convictions
Who We Are
Criminal Law
Find Us
Find Us
View our Offices

How do you prove "Extreme Hardship"?

The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what consitutes "extreme hardship." This is after all the standard that must be proven to USCIS. It is important to understand the hardship is not to the foreign national, but rather to the qualifying relative.

While there is no bright line test as to what constitutes extreme hardship, and it is evaluated on a case by case basis, it can include, but is not limited to: family separation, economic hardship, medical issues, country conditions abroad, and any other difficulty or harm faced by the qualifying relative(s).

The lead Immigration Court case from the Board of Immigration Appeals (BIA) isMatter of Cervantes, 22 I&N Dec. 560 (BIA 1999) which lists as factors:

  • the presence of lawful permanent resident or United States citizen family ties to this country;
  • the qualifying relative’s family ties outside the United States;
  • the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries;
  • the financial impact of departure from this country;
  • significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Extreme Hardship is proven differently and uniquely in each case and is personal to each family and can be proven in the absence of severe medical issues. Consider hiring an attorney for a process as complex as a waiver.

Ricky Malik, Esq.


No Comments Posted
8620 Centerville Road, Manassas, VA 20110 7505 New Hampshire Ave. Suite 318 Takoma Park, MD 20912 Join us on Facebook Follow us on Twitter Watch Us On YouTube View Our LinkIn Profile Click here to subscribe to our Rss Feed

The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.