USCIS Releases Immigrant Clarification Guide

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US Citizenship and Immigration Services (USCIS) has released new guidance clarifying how it defines extreme hardship. It concerns a situation where a person is not allowed into the United States, where his relatives live, and it is required to prove that without him the family would experience “undue hardship.” This guidance comes into effect on December 5, 2016 and provides clarity on a complex issue.

For example, immigrants who have lived illegally for a certain period in the United States may receive an entry permit for a period from 3 to 10 years if they try to re-enter legally. They need to prove that for family members living in the United States, this separation can have negative consequences.

New guide clarifies the steps that must be taken to prove "undue hardship" in the event of a denial and provides a list of factors that USCIS may consider in making its determination.

USCIS offers two different scenarios:

1. Excessive difficulties may arise if a family member remains in the US, while the applicant remains outside the US, for example, if the applicant is the main guardian of a sick family member, and the separation can lead to extremely serious consequences.
2. Excessive difficulties may arise if a family member leaves the US with the applicant to reside elsewhere. For example, if both were to reside in their home country, a family member could be ostracized (expelled from society), discriminated against or harassed, or could not have access to necessary medical care.

Manual includes long list social, cultural, economic, health and other conditions that may be considered relevant. USCIS will examine the totality of the evidence to make a determination of “undue hardship.”

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