September 23, 2013 – 1:20 pm
Proving “Extreme Hardship” in Applications for Immigration Waivers of Inadmissibility
Noncitizens who are trying to obtain immigration benefits are often times inadmissible to the United States based on several different criteria. To overcome this inadmissibility, some individuals may qualify to apply for a waiver of inadmissibility. To be eligible to file the waiver, the noncitizen must have a qualifying family member and has to establish that the qualifying family member would suffer extreme hardship if the Noncitizen was not allowed to immigrate to the United States. The USCIS and courts usually consider the following factors when extreme hardship is at issue:
– Family ties, both in the U.S. and abroad
– Length of residence in the U.S.
– Health conditions, either physical or mental
– Conditions in the home country of the noncitizen
– Financial status
– Possibility of other means to immigrate
– Special assistance to the community
– Immigration history/violations
– Position in the community
All of these factors are supposed to be considered cumulatively, taking into account the totality of the circumstances for each case on an individual basis. Although there are no clear guidelines as to what constitutes extreme hardship for the qualifying family member these items are the most often utilized pieces of evidence in trying to obtain a waiver for inadmissibility.
This information was provided by Pablo A. Zamora, Esq., managing Immigration Partner at Scales of Justice, LLP. Call or email Scales of Justice, LLP to set up a consultation to determine whether you qualify for a waiver of inadmissibility.
The above information is not to be construed as legal advice. It is written for information purposes only.