Extreme hardship is not a definable term of “fixed and inflexible meaning”; establishing hardship is “dependent upon the facts and circumstances of each case.” Matter of Cervantes- Gonzalez, 22 I&N Dec. 560, 565 (BIA 1999). The Board of Immigration Appeals (BIA) Matter of Cervantes-Gonzalez lists the factors it considers relevant in determining whether applicant has established extreme hardship, which include:
- the presence of a lawful permanent resident or United States citizen spouse in this country;
- the qualifying relative’s family ties outside the United States;
- the conditions in the country or countries to which the qualifying relative relocate and the extent of the qualifying relative’s ties in such countries;
- the financial impact of departure from this country; and
- significant conditions of health, particularly when tied to an unavailability of medical care in the country to which the qualifying relative would relocate.
It has been found that the mere loss of employment, the inability to maintain one’s present standard of living or to pursue a chosen profession, or separation of a family member or cultural readjustment, in and of themselves, do not constitute extreme hardship Matter of Pilch, (BIA Interim Decision #3298); Marquez-Medina v INS, 765 51 F.2d 673 (7th Cir. 1985); Bueno-Carillo v. Landon, 682 F2d 143 (7th Cir. 1982); Chokloikaew v INS, 601 F.2d 216 (5th Cir. 1979), Banks v INS, 594 F.2d 760 (9th Cir. 1979; Matter of Kojoory, 12 I&N Dec. 215 (BIA 1967).
For a free consultation examining whether your family member would qualify for a waiver based on extreme hardship, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com
