BIA Finds Family Hardship Insufficient for 212(h) Waiver

The Board of Immigration Appeals has reversed a grant of a 212(h) waiver and adjustment of status to a Barbadian respondent. The respondent relied on hardship to his U.S. citizen wife and children and lawful permanent resident mother, but DHS appealed the Immigration Judge’s grant of relief.

The Board held that the emotional and financial difficulties the respondent’s family would experience did not rise to extreme hardship. The Board also found that the respondent’s serious and lengthy criminal history, including convictions and non-conviction conduct, outweighed his equities in the discretionary analysis. The Board sustained DHS’s appeal and ordered him removed to Barbados.

The full text of Matter of Best can be found here: https://www.justice.gov/eoir/media/1449611/dl?inline

USCIS Announces New Guidance for Extreme Hardship Standard

U.S. Citizenship and Immigration Services has published new guidance on what factors will meet the extreme hardship requirement for certain waivers of inadmissibility.  This guidance, which goes into effect on December 5, 2016, includes a list of "particularly significant factors" that "often weigh heavily in support of finding extreme hardship."  These factors include:

-Qualifying relative granted Iraqi or Afghan Special Immigrant Status, T visa status, asylum, or refugee status

-Qualifying relative or related family member dependent on qualifying relative is disabled

-Qualifying relative is a member of the U.S. military

-The Department of State has issued travel warnings recommending against travel to the applicant's country of origin

-Substantial displacement of care of applicant's children

The full text of the policy manual updates can be read here:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB-Chapter5.html#S-E