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Extreme Hardship Waiver
I-751 Extreme Hardship Waiver: Removing Conditions Without Divorce or Abuse
If you hold a conditional green card and cannot file jointly with your spouse—but do not qualify for the divorce or abuse waivers—the
extreme hardship waiver may provide a path to remove conditions. This waiver allows you to file Form I-751 independently if you can
demonstrate that your removal from the United States would result in extreme hardship.
The extreme hardship waiver is typically the most difficult I-751 waiver to obtain. It requires hardship significantly beyond what any immigrant would face upon removal,
and approval is discretionary. For some conditional residents—such as when a spouse refuses to divorce, has abandoned the family, or cannot be located—this waiver may be the only option.
Practical note: If you have a final divorce decree, the divorce waiver is often more straightforward. If you experienced battery or extreme cruelty,
the abuse waiver can offer additional protections, including confidentiality under 8 U.S.C. § 1367.
If you are considering an I-751 extreme hardship waiver, you can start intake here.
The intake helps me evaluate whether extreme hardship is the right waiver category, what hardship evidence matters most, and what risks or alternatives may exist.
You do not need to upload documents or provide sensitive information at this stage. Submitting the intake does not create an attorney-client relationship.
I-751 Extreme Hardship Waiver Process (Quick Overview)
If you are searching for the “immigration process” for the extreme hardship waiver, this is the short version of what filing usually looks like.
Form edition note: USCIS periodically updates the Form I-751 edition date. The edition date affects which PDF you should use,
but the extreme hardship standard and the evidence USCIS expects are generally stable.
- Choose the correct waiver basis and prepare Form I-751 (Part 3, Box 1.g).
- Write a detailed personal statement tying hardship to facts arising during conditional residence.
- Organize supporting evidence by category (medical, family, financial, country conditions, etc.).
- File the packet with the correct fee and required copies.
- Receipt/extension + biometrics while USCIS processes the case.
- Possible RFE and interview (common in hardship waiver cases).
- Decision (approval = 10-year card; denial may lead to NTA/removal proceedings).
When the Extreme Hardship Waiver Applies
The extreme hardship waiver is designed for situations where you cannot file jointly with your spouse and do not qualify for other waivers. Common scenarios include:
- Spouse refuses to cooperate but will not divorce: Your spouse refuses to sign the joint I-751 and also refuses to agree to a divorce
- Religious or cultural objections to divorce: Your faith or culture prohibits divorce, preventing you from filing the divorce waiver
- Spouse abandoned you: Your spouse left and refuses all contact, but you cannot obtain a divorce (for example, you cannot locate them for service of process)
- Cannot locate spouse: Your spouse has disappeared and you cannot find them to file jointly or serve divorce papers
- Spouse at fault but no divorce: Your spouse committed adultery, abandoned the family, or otherwise caused the marriage breakdown but refuses to divorce
- Separated but not divorced: You are separated from your spouse and the marriage has effectively ended, but no divorce has been finalized
Compare other waiver categories:
If you have a final divorce decree, the divorce waiver is typically easier than the extreme hardship waiver.
If you experienced battery or extreme cruelty, the abuse waiver offers additional protections including confidentiality.
See:
I-751 Divorce Waiver
and
I-751 Abuse Waiver.
Unique Features of the Extreme Hardship Waiver
No Good-Faith Marriage Requirement
Unlike the divorce and abuse waivers, the extreme hardship waiver does not require you to prove that your marriage was entered in good faith.
This is the only I-751 waiver without that requirement. However, indications the marriage was fraudulent may be considered as a negative discretionary factor.
If your marriage was genuine, it is still often helpful to submit good-faith evidence to strengthen the overall presentation.
Hardship Must Have Arisen During Conditional Residence
USCIS will focus on hardship factors that arose during your two-year conditional residence period. Circumstances that existed before you became a conditional resident
generally cannot serve as the main basis for the claim, though they may provide context (for example, worsening during the two-year period).
Discretionary Approval
The extreme hardship waiver is discretionary. Even if you establish extreme hardship, USCIS can still deny if significant negative factors outweigh the equities.
That discretionary element adds uncertainty that does not exist in the same way for some other waiver categories.
High Evidentiary Standard
Extreme hardship means hardship significantly greater than what an immigrant would ordinarily experience upon removal. Normal consequences—economic disruption,
leaving friends, and adjusting to a new country—do not meet the standard by themselves.
What Constitutes Extreme Hardship
USCIS evaluates hardship by examining multiple factors, weighing them individually and cumulatively. No single factor must rise to “extreme hardship” on its own;
the combined impact of multiple factors may establish extreme hardship even if each factor alone would not.
Family Ties
- U.S. citizen or lawful permanent resident children who would be separated from you or forced to relocate
- U.S. citizen parents or siblings who depend on you for support or care
- Extended family members in the United States versus lack of family ties abroad
- The impact on your children’s relationships with their other parent, grandparents, or extended family
Health Conditions and Medical Care
- You or a dependent has a serious medical condition requiring ongoing treatment
- Required treatment is unavailable or inadequate in your home country
- Disruption to ongoing treatment would cause significant harm
- Mental health conditions that would be exacerbated by removal or relocation
- Established relationships with healthcare providers that cannot be replicated abroad
Economic Impact
- Loss of employment that cannot be replaced in your home country
- Professional credentials or licenses that do not transfer abroad
- Significant disparity in earning potential between the United States and your home country
- Financial obligations in the United States (mortgage, child support, business ownership)
- Inability to support dependents if removed
Country Conditions
- Civil unrest, violence, or instability
- Designation of Temporary Protected Status (TPS) for your country
- State Department travel advisories or warnings
- Targeted safety risks or discrimination affecting access to work, housing, or medical care
- Lack of economic opportunity or severe economic conditions
- Inadequate infrastructure, education, or healthcare systems
Social and Cultural Factors
- Length of residence in the United States and degree of integration
- Lack of language skills for your home country (for example, long residence in the U.S. since childhood)
- Children’s inability to speak the language or adapt to life abroad
- Community ties, involvement in religious organizations, volunteer work
- Loss of access to U.S. courts or family law proceedings
- Social ostracism or stigma you would face in your home country
Evidence for the Extreme Hardship Waiver
USCIS considers credible evidence relevant to extreme hardship. The burden is on you to establish hardship by a preponderance of the evidence.
Submit as much documentation as possible and organize it by category.
Personal Statement
Your personal statement should explain why your removal would cause extreme hardship, tie each hardship factor to specific facts, and show how the key hardship
circumstances arose during conditional residence (or materially worsened during that period).
Supporting Documentation
- Family ties: birth certificates, proof of status, caregiving responsibilities
- Medical: provider letters, medical records, documentation of treatment needs and availability abroad
- Economic: employment records, pay stubs, tax records, licenses, business ownership, obligations
- Country conditions: State Department materials, reputable reporting, expert affidavits where appropriate
- Community ties: letters from community members, religious leaders, employers; evidence of service and participation
- Children’s circumstances: school records, teacher letters, special needs documentation
Expert Evaluations
- Psychological evaluation documenting mental health impact of potential removal
- Medical expert opinion on unavailability of treatment abroad (when relevant)
- Country conditions expert addressing specific hardship risks
Evidence of Spouse’s Fault or Absence
- Evidence of abandonment, misconduct, or non-cooperation
- Documentation of attempts to locate a missing spouse
- Evidence explaining why divorce is not possible (including inability to serve process or religious objections)
- Letters from religious leaders if divorce is prohibited by your faith
Evidence of Good-Faith Marriage (Recommended)
- Joint financial documents
- Shared residence documentation
- Photos from the marriage
- Birth certificates of children
- Affidavits from people who knew you as a married couple
Filing the I-751 Extreme Hardship Waiver
To file the extreme hardship waiver, complete Form I-751 and select the appropriate box in Part 3 (Basis for Petition):
- Box 1.g: The termination of my status and removal from the United States would result in extreme hardship
You may check multiple boxes if you qualify for more than one waiver basis. If you establish abuse and extreme hardship, USCIS can approve on the abuse basis,
which carries additional protections.
Filing Checklist (Confirm Current Fees/Edition Before Filing)
- Form I-751 (use the current edition listed by USCIS)
- Filing fee (confirm current amounts and whether you are filing online or by mail)
- Copy of your conditional permanent resident card (front and back)
- Personal statement explaining extreme hardship
- Evidence of extreme hardship (organized by category)
- Evidence of spouse’s circumstances preventing joint filing/divorce (if applicable)
- Evidence of good-faith marriage (recommended though not required)
- Certified English translations of foreign-language documents
When to File
Like other waivers, the extreme hardship waiver can be filed at any time after you become a conditional resident. You do not need to wait for the 90-day window that applies to joint petitions.
However, the hardship evidence should relate to circumstances that arose (or materially worsened) during your conditional residence period.
After You File: What to Expect
Receipt Notice and Status Extension
After USCIS receives your petition, you receive a receipt notice (Form I-797) extending your conditional resident status while your case is processed.
(Extension periods have changed over time; rely on the extension period stated on your receipt.)
Interview
Extreme hardship waiver cases are often referred to a USCIS field office for an interview. Be prepared to explain hardship factors, discuss why you cannot file jointly,
and provide additional documents if requested.
Decision
If approved, USCIS removes the conditions and issues a 10-year green card. If denied, conditional status may terminate and USCIS may issue a Notice to Appear (NTA).
Depending on posture, options can include renewal before an immigration judge, a motion with USCIS, or a new I-751 on a different basis if circumstances change.
Extreme Hardship vs. Other I-751 Waivers
| Factor | Extreme Hardship | Divorce Waiver | Abuse Waiver |
|---|---|---|---|
| Must prove good-faith marriage | No (but often helpful) | Yes | Yes |
| Requires divorce | No | Yes | No |
| Filing fee | Confirm current fee | Confirm current fee | Often fee-exempt (confirm) |
| Confidentiality protections | No | No | Yes (8 U.S.C. § 1367) |
| Difficulty level | Most difficult | Moderate | Moderate |
| Discretionary | Yes | Yes | Yes |
Common Questions About the Extreme Hardship Waiver
What makes extreme hardship “extreme”?
adjusting to a new country—generally do not qualify without additional factors such as serious medical needs, significant harm to dependent children, or severe country conditions.
Can I file the extreme hardship waiver if I’m still married?
and also cannot obtain a divorce.
Do I have to prove my marriage was real?
submitting good-faith evidence can reduce discretionary risk.
What if my hardship existed before I got my conditional green card?
but the primary hardship narrative should be tied to the conditional period.
Is the extreme hardship waiver harder than the divorce waiver?
What if my spouse abandoned me but I can’t find them for a divorce?
and a timeline tied to the conditional period.
Can my children’s hardship count toward my case?
The most persuasive presentations are specific, well-documented, and tied to credible evidence.
Can I change from extreme hardship to another waiver basis later?
to the USCIS office handling the case or addressed at the interview.
Should I hire an attorney for the extreme hardship waiver?
identify the strongest evidence, and present a coherent record.
Chicago Immigration Attorney for I-751 Extreme Hardship Cases
The extreme hardship waiver requires careful case evaluation, thorough evidence compilation, and a persuasive, well-organized record.
If you cannot file Form I-751 jointly and are unsure which waiver applies, we can evaluate your circumstances and identify the best path forward.
Start Intake
Or call (872) 222-9077
53 W. Jackson Blvd., Suite 1234
Chicago, IL 60604
Phone: (872) 222-9077
Email: info@jrandolphlaw.com