Official Website of the Department of Homeland SecurityOfficial Website of the Department of Homeland Security
October 30, 2018POLICY ALERTImmigrant Investors and Debt Arrangements
October 25, 2018POLICY ALERTUse of Form G-325A
October 16, 2018POLICY ALERTValidity of Report of Medical Examination and Vaccination Record (Form I-693)
October 12, 2018POLICY ALERTMarriage and Living in Marital Union Requirements for Naturalization
September 26, 2018POLICY ALERTSpecial Naturalization Provisions for Children
September 26, 2018Technical UpdateAuthorized Medical Professionals
August 24, 2018POLICY ALERTGeographic Area of a Regional Center

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 October 30, 2018