How to Prove "Extreme Hardship" for an I 601 or I 601A Immigration Waiver

Last updated on January 12, 2023 / By 

“Extreme hardship” is a legal term used in immigration law to describe the severe hardship that a U.S. citizen or lawful permanent resident (LPR) would experience if their spouse or parent were removed from the United States. 

In order to prove “extreme hardship,” an individual must demonstrate that the hardship they would face is more than the normal hardship that is typically associated with the separation of family members.

Here are some factors that may be considered when proving “extreme hardship”:

1. Financial: Loss of income, assets, or ability to support oneself or one’s family.

2. Medical: Inability to access necessary medical treatment or care.

3. Educational: Disruption of educational opportunities or career advancement.

4. Emotional: Psychological or emotional distress, such as depression, anxiety, or trauma.

5. Cultural: Loss of community, support system, or cultural identity.

6. Country conditions: The safety, political, economic, social and health conditions of the country of return.

It’s important to provide detailed and specific evidence to support each of the factors that you are claiming as extreme hardship. This may include medical records, financial statements, letters from family members, experts or any relevant documents.

It’s also important to keep in mind that each case is unique and that the USCIS may consider other factors not listed above. Therefore, it’s always best to seek legal assistance in order to evaluate the chances of obtaining a waiver and the evidence that should be presented.