Extreme hardship, at least with regard to US immigration, is most commonly encountered in the context of 601 hardship waivers. Otherwise known as an extreme hardship waiver, the 601 waiver can be submitted by applicants who would qualify for a green card, but for having triggered a 212(a) ground of inadmissibility. For a discussion of extreme hardship waiver, or 601 waiver, for green card applicants from Mexico, see Mexico Green Card & Mexico Waiver.
When evaluating a 601 waiver application, an immigration official must first determine if the applicant has proven that a qualifying relative would suffer extreme hardship if the applicant is not approved for a green card and allowed to more to or stay in the US. For the purposes of a 601 waiver for a prior immigration violation or misrepresentation, the extreme hardship must be suffered by a parent or spouse who is a US citizen or Lawful Permanent Resident (LPR). For a 601 waiver based on criminal history, the qualifying relative who suffers extreme hardship can also be a US citizen or LPR child.
The extreme hardship test has two parts. First, the applicant must prove that the qualifying relative will suffer extreme hardship if forced to live in the US without the applicant. Second, the applicant must prove that the qualifying relative would suffer extreme hardship if forced to move to the applicant’s home country to be with the applicant. If the immigration official finds that the applicant has satisfied both parts of the extreme hardship test, the official will then balance the hardship against the wrong committed by the applicant (and other aspects of the applicant’s background).
Unfortunately, the term extreme hardship is not readily defined by US immigration law. While it has been said that “extreme” hardship is something more than one should expect to suffer if permanently separated from a love one, additional guidance on what constitutes extreme hardship must be gleaned from analysis of prior immigration decisions that discuss the extreme hardship standard.
When preparing an extreme hardship waiver (601 waiver), an immigration attorney should interview the applicant and qualifying relative extensively in order to determine which pieces of evidence best prove that the situation amounts to extreme hardship, as failure to meet the standard results in denial of the waiver and, ultimately, denial of the green card. To discuss how we can assist in preparing an extreme hardship waiver, contact us today for a free consultation.
