Extreme Hardship Status

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The new unlawful presence waiver is attracting a growing audience interested in knowing more about the extreme hardship standard.

One of Many Extreme Hardship Examples

The following facts are based on an actual case worked on by a member of Ranchod Law. This case was found to meet the extreme hardship standard in a different type of immigration case. Names have been changed for privacy purposes.

Rolando entered the U.S. illegally and worked hard in a landscaping company. He met and married Daisy and together the couple had a son, Ryan. Daisy had asthma. Ryan suffered from attention deficit disorder (ADD). Daisy’s parents were elderly and lived with Rolando and his family.

In proving Rolando’s case for extreme hardship the first focus was on Ryan’s ADD. The papers that were beneficial to Rolando’s case was Ryan’s Individualized Education Plan (IEP) from his school, a letter from each of Ryan’s two teachers, and a letter from Ryan’s private after-school tutor. Research and documentation was obtained to prove that Ryan would not have access to the educational services he required in Rolando’s home country. Additionally, Ryan didn’t even speak the native language in Rolando’s home country.

In regards to Daisy’s asthma, Daisy’s doctor provided a letter and medical records to prove that she had asthma since childhood. Research and documentation was obtained in regards to the air quality and Daisy’s prospective access to medical services in Rolando’s home country, both were substandard.

Additionally, Daisy’s elderly parents lived with Rolando, Daisy, and Ryan. Her parents had numerous health issues and their doctors provided notes, medical records, and medication lists for them as well.

Daisy would not be able to accompany Rolando to his home country because:

  • she needed to care for Ryan here where he would have access to the schooling and tutoring he needs;
  • Daisy’s asthma would be aggrieved in Rolando’s home country
  • Daisy had to stay in the U.S. to care for her elderly and sickly parents.

Proving Extreme Hardship

From a financial perspective, Rolando was the only one employed in his family. He supported Daisy, Ryan, and Daisy’s parents. Daisy would not be able to support the family without Rolando because:

  • taking care of Ryan and her parents was a full time job;
  • she had not worked in over a decade;
  • she had no formal schooling or practical skills.

Rolando would not be able to support himself and his family from abroad because his only skills were in landscaping and there was not an industry for that in his home country. Additionally, with no formal education and no other skills he would not be able to find adequate alternate employment.

Rolando also had the following additional factors that benefited his case:

  • he had been living in the U.S. a long time;
  • he did not have a criminal history;
  • he paid his taxes every year;
  • he had worked his way up from working at a landscaping company to owning his own small landscaping company.

Although one factor in and of itself would not have been sufficient to prove extreme hardship when looking at all the factors together Rolando’s extreme hardship case was successful. Between the papers he provided and the research completed on his behalf Rolando was able to meet the extreme hardship standard.

Please contact one of our offices so that we can discuss what factors we should emphasize in your particular case and the types of papers you can bring us to strengthen your case. We look forward to researching and presenting the best case possible on your behalf.

We encourage you to contact one of our offices to see if you qualify for a waiver and to discuss whether your particular circumstances seem to meet the extreme hardship standard.