How Can I Prove Extreme Hardship in an Immigration Case?

There are many important factors in an immigration case. If you are attempting to enter or remain in the United States but are deemed inadmissible, one of the most important things to consider is what is known as extreme hardship. If you can prove that a relative or individual will experience extreme hardship without you present in the country, you may be able to move forward with your immigration case. Understanding immigration law and your rights is crucial when fighting deportation or inadmissibility. Reach out to a skilled waivers immigration lawyer in NYC for representation and legal advice.

What Does Extreme Hardship Mean in Immigration Law?

Extreme hardship, as defined by United States immigration agencies, refers to any abnormal difficulty that a U.S. citizen or lawful permanent resident may experience if their foreign relative is not allowed to enter or remain in the country. Their absence may result in significant challenges for the qualifying relative that they could help manage if allowed in the country. A qualifying relative can be a spouse, parent, or child of the applicant, given that they are a U.S. citizen or lawful permanent resident.

Extreme hardship refers to serious obstacles. It is not enough that the two individuals may miss each other, there must be some sort of serious financial, medical, emotional, or other challenge that is significant enough to override an individual’s inadmissibility.

Examples of Extreme Hardship

Extreme hardship can be a valid concern if the U.S. relative would suffer living in the United States without the individual or would suffer by living outside of the U.S. with the individual. Some valid examples of extreme hardship include but are not limited to the following.

• The U.S. relative has medical issues and is dependent on the individual
• The U.S. relative is financially dependent on the individual
• The U.S. relative is experiencing mental illness
• The U.S. relative is a caregiver for children
• The U.S. relative cannot return to the home country due to discrimination
• The U.S. relative cannot return to the home country without their education suffering
• The U.S. relative does not know the language of the home country

How Can I Prove Extreme Hardship?

When applying for a waiver of inadmissibility, you must submit evidence proving the extreme hardship that may befall your relative. The following evidence will significantly contribute to your claim.

• Income information of the applicant and qualifying relative
• Copies of debt statements that must be settled in the U.S.
• Letters from medical professionals as evidence of the mental or physical hardship that the qualifying relative is or will suffer from
• Reports or news articles explaining the conditions of the individual’s home country that will cause extreme hardship to the relative
• Information about the relative’s professional or educational status
• Statements from relatives, professionals, community members, etc.

Evidence is paramount in proving extreme hardship. If you believe that you should be allowed to enter or remain in the country due to a qualifying relative’s extreme hardship, submit a waiver of inadmissibility along with all relevant evidence and documentation. Speak with an attorney for more information.