I-601 Waivers: Extreme Hardship

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.