Comprehensive Overview of Immigration Law (COIL) Practice Exam

What type of hardship must a relative prove for a provisional waiver?

1. Financial hardship only.

2. Extreme hardship.

3. Emotional distress.

4. Significant inconvenience.

The correct answer is: Extreme hardship.

To successfully obtain a provisional waiver, a relative must demonstrate extreme hardship. This requirement is set forth in U.S. immigration law, as it ensures that only those cases requiring serious considerations for the family unit are granted waivers. Extreme hardship assessments look beyond typical difficulties and demand evidence of severe emotional, financial, and physical ramifications that a U.S. citizen or lawful permanent resident would face if their relative were not granted the waiver. This level of hardship reflects the government’s interest in balancing immigration enforcement with humanitarian considerations, emphasizing that the implications of denial go well beyond the ordinary challenges individuals may face. Emotional distress, significant inconvenience, or financial hardship alone would not meet the stringent criteria established for proving extreme hardship, as these do not capture the comprehensive and profound impacts envisioned in the law.