But, what is “Extreme Hardship” in 3 & 10 Year Bar Cases?
In each case, to win, it must be determined that a combination of hardships takes the case beyond those hardships ordinarily associated with deportation, e.g., economic detriment due to loss of a job or efforts ordinarily required in relocating or adjusting to life in the native country. An analysis of hardship to U.S. citizen or LPR spouses and/or USC or LPR parents must be careful and individualized
Relevant factors include:
- age of the subject
- family ties in the United States and abroad;
- length of residence in the United States;
- conditions of health;
- conditions in the country to which the alien is returnable/qualifying relative would relocate, such as economic and political;
- financial status – business and occupation;
- the possibility of other means of adjustment of status for alien;
- whether of special assistance to the United States or community;
- alien’s immigration history;
- alien’s and qualifying relative’s position in the community;
- foreign languages spoken by alien and qualifying spouse or parent
ability of the USC or LPR spouse or parent to relocate to be with the alien (employment opportunities, relocation adjustment, foreign language(s) spoken; financial hardship in relocating);
- financial hardship if stays in US without alien
the existence of qualifying spouse or parent’s property or business ties in the U.S.
Note: The more recent the acquired equities, the less weight they may be given; and the younger the marriage, or the wealthier the qualifying spouse (or indirectly – the alien), the better educated the qualifying spouse (or indirectly – the alien), or more employable the qualifying spouse in the country of the alien, the less likely there will be a finding of extreme hardship.
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com
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