How to Win Extreme Hardship Waivers : Special Circumstances

SPECIAL CIRCUMSTANCES FOR EXTREME HARDSHIP

Lee and Garasia, LLC190 New Jersey 27,

Edison, NJ 08820(732) 516-1717

Lee and Garasia, LLC

DRAFT CHANGES• In October of 2015, USCIS recently released draft

extreme hardship guidance• The policy is not yet binding• The purpose of these changes is to provide clear, written guidance to adjudicators who must determine what constitutes “extreme hardship.”


“Special Circumstances”• The Memo lists several special circumstances that strongly suggest extreme hardship

• USCIS feels that if any of the circumstances are present in a case, they should weigh heavily in the officer's determination.

• These examples are not exclusive and there may be other factors not mentioned that could also warrant special consideration.


Qualifying Relative Previously Granted Asylum or Refugee Status

1. If the qualifying relative was granted asylum or refugee status from the country where he or she would have to relocate, this should weigh heavily towards finding that extreme hardship would be present.

2. Potential Harm to the applicant for the waiver might also indirectly affect the qualifying relative and may be relevant.


Qualifying Relative or Related Family Member’s Disability

• This is intended to be within the context of a formal finding of disability by the Social Security Administration or other qualified U.S. Government Agency.

• The disability determination may be the qualifying relative, the qualifying relative’s spouse, or a member of the qualifying relative’s household for whom he or she is responsible.


Qualifying Relative’s Active Duty Military Service

• Active duty with any branch of the U.S. Armed Forces will generally make relocation for the qualifying relative unrealistic.


DOS Travel Warnings• If there is an official Department of State Travel warning concerning the country where the qualifying relative would have to relocate, this fact should weigh heavily in finding increased danger exists and that relocation would result in extreme hardship.


Substantial Displacement of Care of Applicant’s Children

• USCIS recognizes that family unity is extremely important.

• Envisions likely scenarios where a qualifying relative would suffer extreme hardship.

• Example: the primary earner is refused admission, causing the caregiver—who is the qualifying relative—to take on the responsibility of raising the child or children.

• *But note: economic hardship by itself is not enough to meet extreme hardship.


Displacement of Children, Cont.USCIS will expect to see evidence of• A bona fide parental relationship or other caregiving relationship between the applicant and children

• The existence of a bona fide relationship between the qualifying relative and the children; and

• The qualifying relative would become the primary caretaker for the children or otherwise take on significant parental or other caregiver responsibilities.


Remember:• This is not yet official USCIS policy• The public comment period is between October 7, 2015 to November 23, 2015.


For More Information on WaiversPlease contact our office for more information on extreme hardship waivers.

Lee and Garasia, LLC190 Route 27

Edison, NJ 08820(732) 516-1717

http://www.njimmigrationattorney.com

While we are in New Jersey, we can represent you anywhere within the United States on federal immigration matters.

http://www.njimmigrationattorney.com/

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How to Win Extreme Hardship Waivers : Special Circumstances