This manual continues to be one of ILRC’s best-selling resources because it contains a unique combination of legal analysis and practice. This manual describes in detail the different standards applicable in hardship law, as well as the factors involved in that analysis; and it demonstrates how to work with clients to elicit and to convey the information that will win a hardship claim.
- Chapter 2 explains the different hardship standards and how to meet them. Drawing on case law and regulations, Chapter 2 then discusses common hardship factors and what those factors may entail, with practice pointers and case examples for each one.
- Chapter 3 describes certain forms of relief from removal that require hardship, including non-LPR cancellation of removal, suspension of deportation, VAWA suspension and cancellation of removal, and NACARA suspension and cancellation of removal. This chapter explains the eligibility requirements for each form of relief in detail with supporting case law and examples. The chapter gives particular focus to how to show hardship for each form of relief, including a discussion of which hardship factors might be applicable.
- Chapter 4 outlines the hardship waivers in the Immigration and Nationality Act (INA), which include the § 212(h) waiver of inadmissibility for criminal offenses; the § 212(a)(9)(B)(v) waiver of the 3-year and 10-year unlawful presence bars; and the § 212(i) waiver of fraud or misrepresentation. Each waiver is introduced first with a thorough discussion of the grounds of inadmissibility to which it applies, explaining how to analyze inadmissibility for the various grounds and identifying when a waiver is needed. The chapter then proceeds with a thorough review of the elements of the relevant waiver and of how it applies. Also covered in this chapter is the hardship waiver applicable to the Petition to Remove the Conditions on Residence, on Form I-751, along with an explanation of what conditional residence is and when it applies.
- Chapter 5 provides a toolbox for how to work in partnership with your client to prepare a winning hardship case. It guides the user through the process of gathering evidence for a hardship case and then presenting it in a persuasive manner. To that end, it brings together the discussions in Chapter 2,3, and 4, putting the law of hardship to work in practice.
- Chapter 6 provides an overview of the procedure involved in filing a hardship waiver, whether in connection with an adjustment of status application filed with the USCIS or with consular processing, or when filing a waiver while in removal proceedings in immigration court. This discussion includes a description of the process to file the Provisional Unlawful Presence Waiver, also known as the stateside waiver on Form I-601A. This chapter also describes the process for applying for Cancellation of Removal in immigration court.