Many immigrants move to the United States for better jobs, to seek asylum, or for education. Unfortunately, your status as a permanent resident could be in jeopardy if you are subject to inadmissibility or deportation. You could be deported or rendered inadmissible for various immigration violations, including illegal entry into the country and criminal convictions.
A forceful removal or denial of entry could affect your work and family in the United States. Defendants at risk of this extreme immigration action can use the extreme hardship waiver to stay in the country. Many immigrants forced to leave the U.S. can face hardships. However, you must prove that the difficulties for your immediate family will be extreme if you are considered inadmissible or deported.
The U.S Citizenship and Immigration Services considers different factors surrounding your case when deciding on your waiver. All the factors are equally important, but some carry more weight than others. Therefore, you must prove them to ensure you remain in the country. Seeking a waiver to avoid removal can be an uphill task; consequently, you should seek the help of an immigration attorney.
Proving Extreme Hardship in Immigration Cases
Some circumstances, including a criminal conviction, immigration fraud, or entering the country illegally, can prevent an immigrant from entering or remaining in the U.S. However, the United States Citizenship and Immigration Services can waive these conditions and allow you to remain in the country.
However, the waiver will only be available if you prove that your failure to be admitted into the country will cause extreme hardship for your family. There is no clear definition of extreme hardship under U.S. law. Instead, the USCIs consider different factors when determining whether there is a justification for extreme hardship to grant you a waiver from inadmissibility.
Different factors create hardship in different cases. Although not all factors will lead to extreme hardship, the factors in your case combined could meet the requirement. In California, extreme hardship must be anything more than the typical impact of deportation or inadmissibility.
The decision to grant you a waiver based on the ‘extreme hardship will be made after an assessment of the factors of your case.
Reasons You May Need to Prove Extreme Hardship
You may need a waiver for inadmissibility if you are at risk of deportation or being rendered inadmissible. There is a wide range of reasons why you could find yourself in such a predicament, including:
Criminal Activity
Some offenses, such as violent felonies and crimes of moral turpitude, could result in this action by Immigration and Customs Enforcement. You may need a waiver to remain in the country if you are found guilty and convicted of these offenses.
Common offenses that could have you deported include:
- Drug crimes. These include offenses like transportation of a controlled substance under HSC 11352 and Possession for sale of a controlled substance under HSC 11351.
- Violent crimes. Common violent offenses that can result in severe immigration consequences include murder (PC 187), Robbery (PC 211), and Kidnapping (PC 207)
- Sex Crimes. You can be deported after a conviction for teh following sex crimes rape(PC 261) and Child pornography (PC 311).
National Security Concerns
Immigrants who pose a risk to national security may face detention by the Immigration and Customs Enforcement and ultimate deportation after their case ends. This could occur if you are a member of a terrorist group or are involved in organized crime.
Immigration Fraud
You must have the necessary documents to enter and remain in the United States. Often, this is through work visas, student visas, fiancee visas, green cards, or asylum. Entering the country without these documents or prolonging your stay past the validity of your permits can result in immigration fraud allegations.
Another common reason for these allegations of immigration fraud is falsifying the necessary documents to enter and reside in the U.S. If you are found guilty of this charge, you risk losing your immigration status.
Violating the Terms of Your Visa
When you enter the country via a specific type of visa, you must adhere to its requirements within the specified time. For example, if you are on a tourist visa, you cannot find employment unless the status is adjusted. A violation of your immigration status could result in an arrest by the ICE and your potential removal from the country.
Tips for Crafting an Extreme Hardship Letter
When proving extreme hardship, you must create a comprehensive and personal letter to convince the USCIS to allow you to remain in the country. Some of the tips you can explore when creating an extreme hardship letter include the following:
Be Specific
Your extreme hardship letter should convince the USCIS to waive your deportation or inadmissibility. For this reason, you must be specific about the exact types and levels of hardship your qualifying family members will likely experience when you leave the States.
You can share your personal stories in the letter, which allows the USCIS to gain insight into your life and the potential impact of inadmissibility.
Reference Legal Standards
There are different immigration situations where you may use extreme hardship to prevent extreme action against your immigration. Therefore, when writing your letter, you must align it with the legal standards for the specific waiver you seek.
Attach Supporting Documents
Different factors may impact your ability to effectively use extreme hardship as a basis for your waiver. However, convincing the USCIS to decide will require evidence to support your claims. For example, if you claim that your family will suffer financial difficulties following your removal from the U.S., you should attach relevant financial records to back the claim.
Follow Official Guidelines
When crafting an extreme hardship letter, you must follow the USCIS guidelines. This is important because it ensures that your letter meets all the formal requirements and avoids procedural mistakes. Missing a critical step could jeopardize your petition for a waiver.
Seek Legal Representation
Sometimes, immigrants who are at risk of inadmissibility and forceful removal will be held at ICE detention facilities. This can make it challenging to gather the relevant evidence and present it to prove extreme hardship. For this reason, it pays to have a reliable immigration attorney by your side.
Some of the benefits of hiring an immigration attorney while in this predicament include:
- In-depth understanding of immigration law. The laws surrounding the extreme hardship waiver can be challenging to understand. Your attorney will help you determine the proper waiver to seek and guide you through proving the extreme hardship.
- Collection of evidence. When proving extreme hardship, you must collect and present relevant evidence to convince the USCIS to give you certain immigration benefits. A competent attorney will guide you through collecting and compiling the proper evidence to form a strong case.
- Case preparation. While you fight to prove extreme hardship for your immigration waiver, your attorney will help you prepare for the case. This is by advising you on the proper response to different questions that the USCIS officers could pose. Additionally, your attorney will review the documents.
Factors that Support a Finding of Extreme Hardship
If you are found inadmissible in the United States, you will not be allowed to reenter the country once you leave. You can avoid this extreme action by seeking an I-601 waiver. This will enable you to gain immigration benefits like being allowed to remain in the country.
Proving extreme hardship requires convincing the USCIS that your spouse or parent-to-child reading in the U.S. will suffer significantly due to your inadmissibility. Some of the factors that the USCIS will consider when determining extreme hardship in your case include:
Family Ties
Your ties to the United States are critical factors that the USCIS will consider when determining your validity in the extreme hardship argument. The following considerations would help determine the strength and importance of your ties in the U.S.:
- The age of the qualifying relatives living in the U.S.
- The length of residence in the U.S. for qualifying children
- The strength of community ties in the country where you are expected to relocate
- The relationship between the applicant and the qualifying relatives. This includes the factors that could aggravate or lessen the impact of a separation.
- Prior or current military service for the qualifying relative
Cultural and Social Impact
Another factor that may be key in ascertaining your claim for extreme hardship is the social and cultural impact of your inadmissibility or deportation. The considerations that the USCIS can make in this case include:
- The loss of access to the criminal justice system and the ability to testify in a case
- The fear of potential persecution and societal discrimination
- Existence of laws and practices that could punish a qualifying relative for having lived in the United States
- A lack of access to structures and institutions for protection, guidance, and support
- Potential stigma and discrimination due to gender, sexual orientation, and citizenship
- The extent to which a qualifying relative has interacted with the U.S. culture and how well they could adjust to the culture of the country of return
- The difficulty or ease in communication between you and the qualifying relative if they do not relocate with you
- Availability of quality job training for qualifying children in the country if relocation.
Economic Impact
Leaving the United States can significantly impact your loved one, whether they remain in the U.S. or relocate with you. Economic considerations include:
- The ability of the qualifying relative to obtain meaningful employment in the country where you relocate
- The economic impact that will result from the sale of your home or assets due to relocation
- The effect on the living standards for your loved ones in the country of relocation
- The cost of extraordinary costs like training and education for your children
Country Conditions
Some immigrants leave their countries to the United States to seek asylum from different forms of violence or discrimination. Returning to the country due to inadmissibility or deportation could put the immigrant at risk.
Health Considerations
If the hardship caused by relocation from the United States affects the medical well-being of the qualifying relatives, the USCIS can grant you a waiver. Often, the USCIS will consider the availability of quality medical and mental health care services in the country of relocation.
Although the USCIS will consider all the factors of your case, the presence of these factors may increase the likelihood of receiving a waiver based on extreme hardship:
- The qualifying relative has been previously granted asylum or refugee status.
- The qualifying relative has served in or is serving in the military.
- The qualifying family member is disabled.
- There are travel warnings to the country where you are set to relocate.
Critical Evidence to Prove Extreme Hardship
You must demonstrate to the court that your immediate family will suffer extreme hardship if you are rendered inadmissible or forcefully removed from the U.S. You can show how the removal will affect your economic, health, and family status. Standard pieces of evidence you can use when filling out your waiver forms include:
Expert Opinions
You can enlist the services of expert witnesses to give testimony on how your removal from the United States can affect your family. Such experts could include medical professionals who can provide your removal's expected physical and emotional impacts.
Medical and Mental Health Results
You can apply for a waiver for extreme hardship if your qualifying relative will suffer significant health and mental issues due to your removal. If the health conditions are your basis for seeking the waiver, you must present medical and psychological evaluation reports. You can obtain these records from a politician or psychologist who may have evaluated the individual.
The medical reports will include the assessment, diagnosis, and treatment offered to your relative. Additionally, you can present evidence of the quality and availability of the kind of healthcare your loved one needs in the country you would be moving to.
School Reports
If you have children attending school in the U.S. and you are the primary caretaker, leaving could jeopardize their ability to receive proper education. In this case, you can request that the school write a letter confirming that you are the sole or emergency contact for the child. Additionally, you can present letters from relatives residing in the U.S. explaining why they could not care for the children.
If you are not the child's primary caregiver, you can obtain letters from school psychologists and teachers explaining why the child should remain under your care.
Financial Records
You can apply for a waiver based on extreme hardship if you believe your family will face significant financial hardship if you are removed or denied entry into the country. When arguing this factor, you must present substantial financial records to back it up. The evidence in this case includes:
- Pay stubs
- Bills
- Bank statements
- Mortgage statements showing the amounts you owe
- Tax records
Depending on the specific circumstances of your case, your immigration attorney will help you gather the relevant financial record.
Letters from the Qualifying Relatives
Different waivers have varying definitions of a qualifying relative when proving extreme hardship. However, in most cases, it must be a close family member, including a spouse, parent, or child residing in the United States. You only need a single qualifying relative to seek a waiver and avoid removal on an extreme hardship basis.
When presenting your case to the USCIS, you can have the qualifying relatives write letters indicating how your departure could cause them extreme hardship. Younger children can be asked to make age-appropriate drawings of their family to express themselves.
Evidence of Country Conditions
You can apply for a waiver of removal from the U.S. if the conditions in the country to which you will be returning can impact the safety and well-being of a qualifying relative. You can support your case by presenting reports of the country's conditions, which you can find in the Office of Immigration Review and the human rights reports.
Membership Records
You may remain in the United States if you have strong community ties, which will suffer due to your departure. You can prove the strength of these ties by presenting membership reports and records for community organizations and volunteer programs.
Personal Oral Testimony
When you present your petition for a waiver to the USCIS, you can include an oral report on the hardships you will face following inadmissibility or forceful removal. Hearing from you could convince the USCIS to let you stay.
Find a Competent Immigration Attorney Near Me
As an immigrant in the United States, there is the fear of forceful removal from the country and denial of entry through deportation and inadmissibility. You may be at risk of these severe immigration actions for violation of various immigration laws. However, you can fight these actions by seeking a waiver for extreme hardship.
Extreme hardship means your immediate family, including your spouse, children, and parents residing in the U.S., will suffer significantly due to your departure. The United States Immigration and Customs Enforcement will consider factors like the age of your children, your health condition, and your ability to obtain employment in the country where you are set to be returned.
Proving extreme hardship will require you to gather the necessary evidence to convince the USCIS of the hardship you and your family will likely face for departure. Seeing legal insight is critical when proving “extreme hardship” and fighting to remain in the country. At California Immigration Attorney, we offer expert legal insight for our clients battling different immigration issues throughout California. Call us at 424-789-8809 to discuss your case details.