Extreme hardship is a legal term used in the context of U.S. immigration law. It refers to the standard of proof that must be met in order for certain types of non-citizens to be eligible for certain types of relief from removal or deportation, such as cancellation of removal or waiver of inadmissibility.
To qualify for relief based on extreme hardship, an individual must show that his or her removal from the United States would cause extreme hardship to a qualifying relative, who is typically a U.S. citizen or lawful permanent resident spouse, parent, or child. The individual must demonstrate that the hardship would go beyond the normal hardship that would be expected if the individual were removed from the United States, and would instead be extreme.
In determining whether extreme hardship exists, immigration authorities consider a wide range of factors, including but not limited to:
-The nature and extent of the hardship that the qualifying relative would suffer if the non-citizen were removed from the United States.
-The non-citizen’s length of residence in the United States, as well as his or her ties to the community, including family, employment, and other relationships.
-The non-citizen’s own health and medical conditions, as well as those of his or her qualifying relative.
-The financial impact of the non-citizen’s removal on the qualifying relative and his or her ability to earn a livelihood.
-The conditions in the country to which the non-citizen would be removed, including economic, social, and political factors.
It is important to note that extreme hardship is a high standard to meet, and each case is evaluated on an individual basis. If you are considering seeking relief based on extreme hardship, it is advisable to consult with an experienced immigration attorney to discuss the specifics of your case and assess your chances of success.