Official Website of the Department of Homeland SecurityOfficial Website of the Department of Homeland Security
February 12, 2019Technical UpdateImplementation of Policy Guidance on Medical Certification for Disability Exceptions (Form N-648)
February 06, 2019Technical UpdateVisa Retrogression
January 23, 2019Technical UpdateChild Status Protection Act
January 16, 2019POLICY ALERTPolicies and Procedures for Secure Identity Documents
December 12, 2018POLICY ALERTSufficiency of Medical Certification for Disability Exceptions (Form N-648)
October 30, 2018POLICY ALERTImmigrant Investors and Debt Arrangements
October 25, 2018POLICY ALERTUse of Form G-325A

Volume 9 – Waivers

Part B – Extreme Hardship


POLICY ALERTDetermining Extreme Hardship

October 21, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance becomes effective December 5, 2016.

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Legal Authorities

  • 8 CFR 212.7 - Waiver of certain grounds of inadmissibility
  • ​INA 204(l)​ - Surviving relative consideration for certain petitions and applications

  • INA 212(a)(9)(B)(v)​ - Waiver of the 3- or 10-year unlawful presence bar
  • INA 212(h)(1)(B) - Waiver for certain criminal and related grounds
  • INA 212(i) - Admission of immigrant excludable for fraud or willful misrepresentation of material fact


Current as of February 12, 2019