In her newest article, Immigration Attorney Magdalena Cuprys examines Extreme Hardship Standard

MIAMI - Oct. 24, 2018 - PRLog -- To begin, Magdalena Cuprys notes that the Exceptional and Extremely Unusual hardship is often the most difficult requirement to prove for individuals applying in Cancellation of Removal cases.  It was originally born out of an old Deportation Defense remedy known as Suspension of Deportation.  This old standard was governed under the old Section of the Immigration & Nationality Act (INA) – Section 244(a)(2) which was required for Suspension of Deportation Applicants who had committed certain crimes. The INA also has a stricter standard, "Exceptional and Extremely Unusual Hardship."

This stricter standard became more widespread after Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996. IIRIRA effectively replaced Suspension of Deportation with "Cancellation of Removal for Certain Nonpermanent Residents" (non-LPR cancellation) under INA § 240A(b).  The Applicant must show that Deportation/Removal will cause exceptional and extremely unusual hardship to a "Qualifying Relative" of the Applicant.

One important difference, however, was the application of this heightened hardship standard to all Cancellation of Removal applicants, not just those who have committed certain crimes. In addition to demanding a higher showing of hardship, non-LPR Cancellation also narrowed whose hardship matters. An applicant for this form of relief must establish that her removal would result in exceptional and extremely unusual hardship to her U.S. citizen or LPR spouse, child(ren), or parent(s) who shall remain in the USA after the Applicant's Removal.  Hardship to the applicant herself is technically irrelevant.

To establish such extreme hardship, an Applicant must demonstrate that Deportation/Removal from the USA would result in a degree of hardship (damages) to such relative beyond that typically associated with Deportation/Removal.  For example – the extreme hardship standard requires more than the mere economic deprivation that might result to the qualifying relative(s) after the individual's Removal from the USA.

As there is not one exact concrete definition of what exactly constitutes such extreme and unusual hardship, therefore there is also not one single factor that is dispositive of extreme and unusual hardship in and of itself.  The Immigration Court weighs the "totality of the evidence" in attempts at determining whether such standard exists and has been met in each individual case.

The complete article will be published in her Blog https://magdalenacuprysblog.blogspot.com/

About Magdalena Ewa Cuprys

Magdalena Cuprys is the principal of Serving Immigrants, a Florida immigration law firm offering a complete range of immigration services to both businesses and individuals.

Website: http://www.servingimmigrants.com
Website: http://tuabogadadice.com/
Blog: https://magdalenacuprysblog.blogspot.com/
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq