The heart of the extreme hardship waiver application is the determination of extreme hardship to a qualifying relative who can either be a U.S. citizen spouse or parent. Factors USCIS considers when determining extreme hardship include, but are not limited to:
1. Health – For example: Ongoing or specialized treatment required for a physical or mental condition;
2. Financial Considerations – For example: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living;
3. Education – For example: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program;
4. Personal Considerations – For example: Close relatives in the United States and country of birth or citizenship; separation from spouse/children;
5. Special Factors – For example: Close relatives in the United States and country of birth or citizenship; physical harm, or injury; social ostracism or stigma. Watch our video for more info.
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