If you are found inadmissible to the United States and are seeking a waiver under Form I-601, one of the key eligibility requirements is demonstrating “extreme hardship” to a qualifying relative. Hardship, in this context, refers to the severe negative impact (emotional, financial, medical, or otherwise) that a U.S. citizen or permanent resident spouse, child or parent would experience if you are denied admission. This hardship must go beyond the normal emotional and financial difficulties that typically result from family separation due to immigration enforcement.
USCIS provides detailed guidance on how extreme hardship is evaluated in the USCIS Policy Manual, Volume 9, Part B, Chapter 5.
Who Qualifies as a “Qualifying Relative”?
For most I-601 waiver types, including those under INA sections 212(a)(9)(B)(v) and 212(i), the qualifying relative must be a U.S. citizen or lawful permanent resident spouse or parent. Hardship to the applicant or to other relatives (including children) is generally not considered unless it indirectly affects the qualifying relative.
This requirement is outlined in the Form I-601 Instructions.
Types of Hardship USCIS Considers
USCIS does not use a strict formula but looks at the totality of circumstances. Factors that may support a finding of extreme hardship include:
- Health: Ongoing medical conditions of the qualifying relative and the impact of losing access to treatment or care.
- Financial Considerations: Loss of income, inability to meet financial obligations, or need for public assistance.
- Educational Impact: Disruption to the qualifying relative’s education or that of dependents.
- Personal Safety and Security: Conditions in the country of relocation that may pose a danger.
- Family Ties: Separation from immediate family members in the U.S. or lack of support in the home country.
For more, see USCIS Policy Manual Volume 9, Part B, Chapter 5.
Scenarios USCIS Will Evaluate
You do not need to prove hardship in both of the following scenarios, but must address the one that is likely:
- Hardship if the qualifying relative remains in the U.S. and you are denied admission
- Hardship if the qualifying relative relocates abroad to be with you
USCIS recognizes that each case is unique and allows for individualized evidence. Documentation should support whichever scenario applies.
Evidence to Support Your Case
Supporting documentation may include:
- Medical records and physician letters
- Psychological evaluations
- Financial statements, employment records, and tax returns
- Country condition reports from official U.S. government sources (e.g., U.S. Department of State)
- School or community letters confirming disruption or dependency
Always tie the evidence directly to the hardship your qualifying relative would face.
Burden of Proof and USCIS Review
The burden is on the applicant to prove, by a preponderance of the evidence, that denial of admission would cause extreme hardship to a qualifying relative. Even if extreme hardship is shown, USCIS must also determine whether the waiver should be granted as a matter of discretion.
Refer to USCIS Policy Manual Volume 9, Part B, Chapter 3 for the full adjudication process.
Final Thoughts
Extreme hardship is a high legal standard, but not impossible to meet. The key is clear, credible evidence that your U.S. citizen or lawful permanent resident spouse or parent would suffer hardship beyond the normal consequences of immigration separation or relocation.
Be sure to:
- Identify the correct qualifying relative
- Focus on realistic hardship scenarios
- Gather strong documentation
- Address both hardship and why you deserve a favorable discretionary decision
For the best possible outcome, consult with an experienced immigration attorney who can assess your situation and guide your strategy.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS Policy Manual: Extreme Hardship
- USCIS Form I-601 Instructions
- Form I-601 Page on USCIS
- USCIS Adjudication Guidelines
We Can Help!
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