FAQS ON “EXTREME HARDSHIP” WAIVER PART 2

By Michael J. Gurfinkel

In previous articles, I discussed some of the aspects and issues regarding a “hardship waiver”. Here are more items you should be aware of:

6. What are some of the factors that USCIS takes into account for extreme hardship?

There are many factors taken into account, but some of the main factors for extreme hardship include the following:

(1) The presence of LPR or USC family ties to the U.S.;

(2) The qualifying relative’s family ties outside the U.S.;

(3) The country conditions in the country of relocation and the qualifying relative’s ties to that country;

(4) The financial impact of departure from the U.S.;

(5) Significant health conditions, particularly when tied to unavailability of suitable medical care in the country of relocation.

In addition, USCIS would typically want a detailed statement from the qualifying relative(s) demonstrating or proving the following matters;

A. Personal considerations

– A statement explaining the qualifying relative’s close family ties in the U.S. (and/or close family ties in the Philippines). An explanation of the hardship to the qualifying relative that would be caused by being separated from a spouse or child in the U.S. if the qualifying relative had to move back to the Philippines to be with the alien; ages of the parties involved, such as the qualifying relative and the family members.

- The length of time the qualifying relative has lived in the U.S. and his or her community ties.

B. County conditions in the Philippines

- This would include newspaper articles, country reports from the U.S. State Department, letters from experts, etc. basically pointing out that it would be dangerous for the qualifying relative to move back to the Philippines. And it is not just the general country conditions in the Philippines that matters. The qualifying relatives should show how those conditions would specifically affect the qualifying relative if that qualifying relative had to move back to the Philippines (i.e. show how MILF or Abu Sayaf and the instability in the Philippines might affect the qualifying relative.)

C. Financial considerations

- The qualifying relative would have to describe the financial impact to them if the alien were sent back to the Philippines (i.e. the alien may have been the breadwinner, supporting the qualifying relative), or the impact to the qualifying relative if they had to move back to the Philippines to be with the alien (such as lost job opportunities, had to sell their home or business, had to quit their job, their standard living will decline, and the extraordinary costs for special education for children, child care, etc.

D. Health

- A statement concerning any ongoing or specialized treatment for a physical or mental condition of the qualifying relative, or whether that treatment is available in the Philippines for the ailment. In other words, if the qualifying relative is sick or injured, could they continue to receive proper treatment in the Philippines, and would that treatment be covered by any appropriate medical insurance?

E. Education

- Statement whether the qualifying relative would lose out on opportunities for higher education in the U.S. if they had to move back to the Philippines with the alien, or whether the quality of the education will either be lower, or disruption of their current educational program.

In future articles, I will further discuss the various aspects and issues involved in a hardship waiver. The bottom line is that a hardship waiver is complex, and requires substantial documentation, which is why I suggest that you seek the advice and assistance of a reputable attorney in order to increase your chances of success.