Extreme hardship is not a definable term of “fixed and inflexible meaning”; establishing hardship is “dependent upon the facts and circumstances of each case.” Matter of Cervantes- Gonzalez, 22 I&N Dec. 560, 565 (BIA 1999). The Board of Immigration Appeals (BIA) Matter of Cervantes-Gonzalez lists the factors it considers relevant in determining whether applicant has established extreme hardship, which include:

1. the presence of a lawful permanent resident or United States citizen spouse in this country;

2. the qualifying relative’s family ties outside the United States;

3. the conditions in the country or countries to which the qualifying relative relocate and the extent of the qualifying relative’s ties in such countries;

4. the financial impact of departure from this country; and

5. significant conditions of health, particularly when tied to an unavailability of medical care in the country to which the qualifying relative would relocate.

1. refusal of admission to the U.S. would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent, or the U.S. fiance(e) visa petitioner and

2. a waiver is warranted as a matter of discretion.

1. If an alien has resided unlawfully in the U.S. for an uninterrupted period of more than 180 days but less than 1 year and then voluntarily departed, prior to the initiation of removal proceedings, he or she is inadmissible to the U.S. for a period of 3 years from the date of departure.

2. If an alien resided unlawfully in the U.S. for an uninterrupted period of one year or more, then voluntarily departed or was removed from the United States, he or she is inadmissible to the U.S. for a period of 10 years from the date of departure or removal.