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
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
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
