Though common consequences will not allow you to qualify for a hardship waiver, many factors are considered when determining your citizenship. Certain consequences may seem common, but when they are more carefully explored, it becomes clear that they are more than that.
Family Ties
While family separation would not constitute a hardship waiver, there are certain family ties that would be considered a hardship. If you need to care for children, disabled adults, or elderly relatives who are U.S. citizens, then your hardship waiver may be accepted.
Your hardship waiver must prove that by obtaining residency, the lives of those you seek to help will be spared hardship because of your presence.
Social and Cultural Impact
Social and cultural impact accounts for:
- Fear of societal discrimination
- Access to the U.S. criminal justice system
- Access to quality education and job opportunities
- Difficulty adjusting to country of relocation
- The extent to which one has integrated into U.S. culture
Some of these considerations may seem like common consequences, which is why the severity of the negative impact will be considered.
For instance, if your child has lived their entire life in the United States, they have integrated into society, and they are pursuing education, then it could be determined that they would suffer extreme hardship if they were to be relocated to another country.
Economic Impact
Economically, the hardship waiver accounts for:
- Property
- How a family is provided for
- Cost of health care for family members
- A decline in the standard of living in the country of relocation
If it is determined that by not allowing admission into the United States, the economic impact would be severe on those who are already U.S. citizens, then extreme hardship may be considered.
Health Conditions and Care
Health conditions and care refer to:
- Any medical treatment that the U.S. citizen must obtain
- The psychological impact of the separation of the person seeking citizenship and the U.S. citizen
- Trauma associated with the country of relocation
For any of these situations to qualify as a hardship, it must be determined that the health conditions and care would be significantly worse in the country where the U.S. citizen would be relocated.
Country Conditions
Civil unrest, natural disasters, and U.S. military operations in the country where the U.S. citizen would be relocated are all considered when determining hardship. If it is determined that you and your family would not be able to live safely in the country for any of these reasons, then your hardship waiver may have a better chance of being accepted.
