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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →In order to qualify for an extreme hardship waiver, 1) an applicant must convince the CIS adjudicator a) that i) she would be subject to extreme hardship ii) if she were forced to return to her home country.32 Extreme hardship a) does not have a fixed and inflexible meaning, b) but, rather, is dependent i) upon the facts and circumstances of each case. The traditional extreme hardship factors a) that have been used 1) include: (1) age i) of the person; (2) i) age and ii) number A) of the person's children, iii) the children's ability A) to speak the native language I) of the foreign country, and iv) the children's ability A) to adjust to life there; (3) serious illness i) of A) the person or B) her child iii) that necessitates medical attention A) not adequately available in the foreign country; (4) a person's inability i) to obtain adequate employment abroad; (5) i) the person and ii) her children's A) length of residence in the U.S.; (6) the existence i) of other family members A) residing I) legally II) in the U.S.; (7) irreparable harm i) arising from a disruption A) of educational opportunities; and (8) the adverse psychological impact i) of removal. 33 Applicants may provide evidence a) on the extreme hardship factors i) listed above b) in non-domestic violence cases, 1) but a) wherever possible i) in domestic violence situations, b) the applicant should emphasize i) the nexus A) between I) the factor and II) the violence, ii) the consequences A) of the violence, and iii) the victims inability A) to recover from the violence. If at all possible, 1) the affidavit should emphasize hardship factors a) other than, or b) in addition to, i) economic factors. ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
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