Can you clarify the meaning of extreme hardship when applying for DACA/DAPA?

In regard to the promised "clarification" of the meaning of "extreme hardship" for the unlawful presence waiver: do we know what range of possibilities the Administration is considering? Is one viable possibility NACARA'S creation of a rebuttal presumption of hardship?


David Leopold's picture

There is no requirement that an applicant for DACA/DAPA show "extreme hardship" to a U.S. relative. With respect to "extreme hardship" in general, the immigration executive actions indicated that the rigorous standard currently used to determine "extreme hardship" for unlawful presence and other waivers under the law will be reviewed and possibly reinterpreted. Unfortunately, at this time, we do not know how extreme hardship will be reinterpreted. We are hoping for a family friendly interpretation. Stay tuned.

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