EXTREME HARDSHIP TO QUALIFYING RELATIVE
Se presenta un caso de “excesiva onerosidad” (hardship) cuando ocurren sucesos que alteran fundamentalmente el equilibrio del caso.
You must show that you have a U.S. citizen spouse or parent (qualifying relative) who would experience extreme hardship if you were refused admission to the United States. The qualifying relative does not need to be the relative who filed the immigrant visa petition to classify you as an immediate relative, but he or she must be a U.S. citizen spouse or parent.
NOTE to parents of a U.S. citizen child: A U.S. citizen child may not be a qualifying relative for the purpose of showing extreme hardship in this application. USCIS will not consider hardship experienced by your U.S. citizen children except to the extent that it affects the hardship your qualifying U.S. citizen spouse or parent would experience if you were refused admission to the United States.
NOTE to surviving immediate relatives: If your U.S. citizen spouse or parent (the immigrant visa petitioner) died after filing Form 1-130 on your behalf, USCIS will consider the death of your U.S. citizen spouse or parent to be the functional equivalent of extreme hardship to the petitioner if you meet the following requirements: (1) you resided in the United States at the time of the death of the petitioner and (2) you continue to reside in the United States. you must explain why you believe your application for a provisional unlawful presence waiver should be approved as a matter of discretion. You must also provide a copy of the petitioner’s death certificate with your application.
Citizenship Status of Qualifying Relative: If you claim extreme hardship to a U.S. citizen spouse or parent who is the immigrant visa petitioner, you do not need to present evidence of your relationship to the petitioner. The immigrant visa petitioner will have already presented this evidence with the immigrant visa petition. However, if you claim extreme hardship to a qualifying relative who is not the immigrant visa petitioner, you must submit evidence showing that your qualifying relative is a citizen of the United States.
Evidence of U.S. citizenship includes, but is not limited to, any of the following: (1) If your relative was born in the United States, a copy of his or her birth certificate, issued by a civil registrar, vital statistics office, or other civil authority of a state, county, municipal authority or territory of the United States.(2) A copy of your relative’s naturalization certificate or certificate of citizenship issued by USCIS or the Immigration and Naturalization Service (INS).(3) A copy of your relative’s unexpired U.S. passport.(4) A copy of your relative’s Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by the U.S. Department of State.
Extreme Hardship: You may submit any evidence to support the claim that your qualifying relative would experience extreme hardship if you were refused admission to the United States.
Factors USCIS considers when determining extreme hardship include, but are not limited to:
1. Health – For example: Ongoing or specialized treatment required for a physical or mental condition; availability and quality of such treatment in the foreign country; anticipated duration of the treatment; chronic vs. acute or long- vs. short-term.
2. Financial Considerations – For example: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children with special needs; cost of care for family members (elderly and sick parents).
3. Education – For example: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time or grade; availability of special requirements, such as training programs or internships in specific fields.
4. Personal Considerations – For example: Close relatives in the United States and country of birth or citizenship; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
5. Special Factors – For example: Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access (or lack of access) to social institutions or structures (official or unofficial) for support, guidance, or protection.
Evidence of extreme hardship may include, but is not limited to:
(1) Affidavits from the qualifying relative or other individuals with personal knowledge of the claimed hardships;
(2) Expert opinions;
(3) Evidence of employment or business ties, such as payroll records or tax statements;
(4) Evidence of monthly expenditures such as mortgage, rental agreement, bills and invoices, etc.;
(5) Other financial records supporting any claimed financial hardships;
(6) Medical documentation and/or evaluations by medical professionals supporting any claimed medical hardships;
(7) Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations;
(8) Birth/marriage/adoption certificates supporting any claimed family ties;
(9) Country condition reports; and
(10) Any other evidence you believe supports the claimed hardships.
NOTE: USCIS will only consider hardship to a qualifying relative. If you describe hardship to yourself or anyone other than a U.S. citizen spouse or parent, you must show how this hardship affects the hardship your qualifying U.S. citizen spouse or parent would experience if you were refused admission to the United States.
