Understanding the Extreme Hardship Requirement for I-601A Waiver Cases
Angelica Rice • January 20, 2022
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The test that is used for the I-601A Waiver is “Extreme Hardship”. It requires the Qualifying Relative to show that, as a United States Citizen or Lawful Permanent Resident, they would experience "extreme hardship" if their alien spouse or child was refused admission to the United States and their waiver application was denied.
This term, "extreme hardship" is very subjective and USCIS considers many factors when determining whether or not extreme hardship exists in a case. These factors include, but are not limited to: health, financial considerations, education, personal considerations (family ties) and other special factors. See more detail below:
Health.
Examples include: Ongoing or specialized treatment required for a physical or mental condition, availability or quality of such treatment in the foreign country, anticipated treatment duration, whether the condition is long term, and whether it is chronic or acute;
Financial considerations.
Examples include: Future employability, loss due to sale of home or business or termination of a professional practice, a decline in standard of living, ability to recoup short-term losses, cost of extraordinary needs (such as special education or training for children with special needs), or the cost of care for family members such as elderly or sick parents;
Education.
Examples include: Loss of opportunity for higher education, lower quality or limited scope of education options, disruption of a current program, requirement to be educated in a foreign language or culture with ensuing loss of time or grade, and availability of special requirements, such as training programs or internships in specific fields;
Personal considerations.
Examples include: Close relatives in the United States and country of birth or citizenship, separation from spouse or children, ages of involved parties, and length of residence and community ties in the United States; and
Special factors.
Examples include: Cultural, language-related, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; and lack of access to social institutions or structures (official or unofficial) that provide support, guidance, or protection.
USCIS will evaluate all of these categories when making a decision on the I-601A application. A strong I-601A case will provide as much evidence as possible for each category.
Additionally, the application needs to indicate and focus on one of two arguments. One is whether the Qualifying Relative would remain in the United States without the spouse or child (if the application is denied). The other is whether the Qualifying Relative would relocate to the foreign country with the spouse or child (if the application is denied). The kind of evidence required for the I-601A application, and which of the hardship criteria the Qualifying Relative may be able to meet, differ based on which argument is used. Strong I-601A cases may attempt to make the dual argument and argue the potential outcomes of both scenarios.
If you have questions about applying for an I-601A Waiver or whether this kind of application is right for you, please consult one of our experienced immigration attorneys!
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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