I-601 waivers: hardship factors to consider

Eligibility for most immigrant waivers requires a showing of extreme hardship to the qualified relative. Note: hardship is not required for a health-related waiver and if the applicant establishes alternative grounds related to rehabilitation fo a criminal-related waiver.
The Board of Immigration Appeals in Matter of Cervantes-Gonzalez listed the factors it considers relevant in determining whether an applicant has established extreme hardship. These factors include the following:

• the presence of a lawful permanent resident or U.S. citizen spouse or parent in this country;
• the qualifying relative’s family ties outside the U.S.;
• the conditions in the country or countries to which the qualifying relative would 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, particulary when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

In other cases of extreme hardship, 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, by themselves, do not constitute hardship (Matter of Pilch). However, these factors can be taken in the aggregate and could then establish extreme hardship.

Whether an applicant can claim extreme hardship requires a thorough review by legal counsel. Call us today at 626-771-1078 or visit us at www.myfianceevisa.com for more information.