What does “extreme hardship" mean? Why is it important?
The United States upholds a humanitarian standard when weighing an immigrant’s reasons for fleeing her country for the U.S. The U.S. generally will not return a person to their home country or another country if doing so will bring immediate harm, torture, or death upon the person.
The government will consider factors such as:
- Serious physical or mental illness of the applicant that necessitates medical or psychological attention not reasonably available in the foreign country;
- The nature and extent of the physical and psychological consequences of severe forms of trafficking; and
- The likelihood that the trafficker or another acting on behalf of the trafficker in a foreign country to which the applicant may be removed would severely harm the Applicant.
Additionally, if a person came to the U.S. escaping any form of persecution that could otherwise qualify the applicant for asylum, the applicant needs only cite the past harm to show extreme hardship.