How can one demonstrate Extreme Hardship?
A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact that a qualifying relationship existed. The key term in the provision is “extreme” and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245. With this qualification in mind, furnish documentary evidence proving that failure to receive the waiver requested will result in extreme hardship to your US citizen spouse. Please be very detailed as to how you meet the “extreme hardship”
