Hardships
In an extreme psychological hardship case, a citizen or resident of the United States applies for the immigration waiver because the deportation of a family member (spouse or child) will cause extreme hardship for themselves or their family. In these cases, the U.S. government is concerned about the difficulties for the U.S. citizen or Legal Permanent Resident (LPR). A Cancelation of Removal is very similar to a hardship except that the foreign born individual is currently in removal proceedings.
Examples of extreme hardship may be:
- A US Citizen whose partner is deported, resulting in a lack of emotional, financial, and childcare support.
- A primary caregiver for a U.S. citizen with significant medical needs is at risk for deportation and could go without assistance.
- A child with significant medical concerns that need to be treated solely in the United States and can't relocate
- Separating a U.S. citizen child from their foreign-born parent
Case Example:
- U.S. citizen Ellen (pseudonym) has type one diabetes but is married to a man from Nigeria. Nigeria has an unstable healthcare system where doctor appointments are hard to come by, and medications are frequently substituted. If Ellen were to relocate to Nigeria, her life would be at risk. As a U.S. citizen, Ellen is applying for an extreme hardship waiver to keep her husband in the U.S. rather than be forced to return with him to Nigeria and risk her life.
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