Enterline & Partners Consulting | info@enterlinepartners.com

What is Extreme Hardship in a Waiver Application?

One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and  demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme hardship” if the applicant would be prevented from immigrating to the United States.

The term extreme hardship is not defined by statute or regulation but rather is determined subjectively by examining several different factors focused on the qualifying U.S. relative. Some of the factors that may be considered include but are not limited the following:

  • Quality of life in the immigrant visa applicant’s home country if the qualifying U.S. citizen would be required to relocate due to the immigrant visa applicant being unable to immigrate;
  • If the qualifying U.S. citizen has children, educational opportunities if the children would be required to relocate to the immigrant visa applicant’s home country;
  • Psychological impact such as depression as a result of family separation;
  • Health considerations for the qualifying U.S. relative, such as inadequate medical facilities or limited treatment options in the immigrant visa applicant’s home country.

In addition to some of the factors mentioned above, USCIS has identified specific factors that will be considered when evaluating whether a showing of extreme hardship has been established:

  • Financial considerations. This includes the inability for the qualifying U.S. relative to secure employment abroad, the decline of an accustomed standard of living, losses incurred due to a sale of a home or business, or the increased cost of medical care for family members who may be required to relocate with the qualifying U.S. relative abroad.
  • Educational considerations. This includes loss of higher educational opportunities for minor dependents should the children relocate with the qualifying U.S. relative as well as a disruption in the quality of education that the children are receiving in the United States. The USCIS will also look at foreign languages spoken in the country that the qualifying U.S. relative would relocate to and the degree of difficulty of dependent children to learn the language.
  • Health considerations. This includes existing or ongoing treatment for the qualifying U.S. relative whether such treatment is available abroad. Costs associated with such treatment should be viewed under financial considerations.
  • Personal considerations. This includes the qualifying U.S. relative’s ties to the U.S. as well as the ties of any dependent children and other family members who may be required to relocate abroad.
  • Special factors. This includes language, cultural and religious differences in addition to valid fears of persecution, physical harm or social stigma that the qualifying U.S. relative may suffer if required to relocate abroad.

Proving extreme hardship often requires the skills and knowledge of an experienced immigration attorney. For more information, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Our EB-5 Services

Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process. Knowing how these categories differ is a must and making the right choice may shorten waiting times, avoid unnecessary setbacks, and help immigrant visa applicants and their families achieve their long-term goals. In 2025, the United States Citizenship and Immigration Services (“USCIS”) rolled out updates that streamlined certain steps while adding new layers of review in others. In this article, we will walk through the three main options: family-based; employment-based; and investment-based immigrant visas, enabling you to understand the differences and see where recent changes may affect your path forward. The Main Types of U.S. Immigrant Visas There are several

Read more >

DOS Will Now Require Nonimmigrant Visa Applicants to Interview in Place of Residence or Country of Nationality

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS, nonimmigrant visa applicants applying based on residence must be able to demonstrate that they are residents in the country where they are applying for their nonimmigrant visas. While existing nonimmigrant visa appointments for nonimmigrant visa applicants applying in a consular district where they are neither residents nor nationals will generally not be cancelled, those applicants may face significant challenges in qualifying for the nonimmigrant visa for which they are applying. Nonimmigrant visa applicants are encouraged to check Embassy and Consulate websites for more detailed information regarding visa requirements and procedures or contact info@enterlinepartners.com for more information. ENTERLINE & PARTNERS CONSULTING

Read more >

U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices.  You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory bar on issuance of immigrant visas to communist party members and affiliates. In short: What is the Foreign Affairs Manual? The Foreign Affairs Manual (FAM) is the official compilation of policies, procedures, and organizational responsibilities for the U.S. Department of State. It serves as a key reference for, among others consular officers, who are required to follow its provisions. What Does the Statute Say? Section 212(a)(3)(D) of the Immigration and Nationality Act (INA) reads as follows: 212(a)(3)(D) Immigrant membership in totalitarian party.— (i) In general.–Any immigrant who is or has been a member of or affiliated with the Communist or any other

Read more >
Vietnam
icons8-exercise-96 chat-active-icon