Volume 9 – Waivers
Part B – Extreme Hardship
Chapter 1 – Purpose and Background
A. Purpose
B. Background
Chapter 2 – Extreme Hardship Policy
Chapter 3 – Adjudicating Extreme Hardship Claims
Chapter 4 – Qualifying Relative
A. Establishing the Relationship to the Qualifying Relative
B. Separation or Relocation
C. Effect on Extreme Hardship if Qualifying Relative Dies
D. Effect of Hardship Experienced by a Person who is not a Qualifying Relative
Chapter 5 – Extreme Hardship Considerations and Factors
A. Totality of the Circumstances
B. Common Consequences
C. Factors Must Be Considered Cumulatively
D. Examples of Factors that May Support a Finding of Extreme Hardship
E. Particularly Significant Factors
F. Hypothetical Case Examples
Chapter 6 – Extreme Hardship Determinations
Chapter 7 – Discretion
POLICY ALERT – Determining Extreme Hardship
October 21, 2016
Legal Authorities
5- 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
Forms
6- G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
- I-130, Petition for Alien Relative
- I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- I-601, Application for Waiver of Grounds of Inadmissibility
- I-601A, Application for Provisional Unlawful Presence Waiver
- I-602, Application by Refugee for Waiver of Grounds of Excludability
Appendices
0Current as of February 12, 2019