Updated USCIS Policy Manual On “Extreme Hardship”

As of December 5, 2015, the U.S. Citizenship and Immigration Services (USCIS) updated its policy manual with respect to the definition of “extreme hardship”. When an immigrant is inadmissible to the U.S., which may be for a variety of reasons, he or she may be able to prove eligibility for a discretionary waiver of admissibility by showing that a denial of admission would result in “extreme hardship” to certain specified U.S. citizen or legal permanent resident family members. USCIS considers these individuals to be “qualifying family members.” USCIS and the Department of Justice’s Executive Office for Immigration Review, in some cases, normally adjudicate applications for discretionary waivers based on extreme hardship, which are available under a number of different provisions of federal immigration law. For instance, discretionary waivers may be available in certain situations that involve the three and ten-year inadmissibility bars for unlawful presence, convictions of crimes of moral turpitude, a conviction for possession of less than 30 grams or less of marijuana, and certain types of immigration fraud. The USCIS policy manual defines extreme hardship as a situation in which the refusal of admission of the immigrant would more likely than not cause a certain family member or members more than the usual level of hardship that commonly results from the separation or relocations of families. However, there is no requirement that the extreme hardship be unique, exceptional, or extremely unusual. The definition of extreme hardship can be essential to building a deportation defense on behalf of immigrants who may be eligible for a discretionary waiver of admissibility. The deportation defense lawyers of Landerholm Immigration, A.P.C., pride themselves on aggressively representing the interests of those immigrants who are facing potential deportation by American immigration authorities. Our goal is to gather evidence in your favor, build on a strong case on your behalf, and develop a strategy that is best designed to help you remain in the United States and move on with your life. The earlier we can get started with your case, the more likely you are to prevail in your deportation proceedings. Don’t hesitate to contact us today and learn what we can do to assist you.

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