Do all VAWA applicants have to prove hardship, or only those who actually are facing deportation?

Asked about 1 year ago - New York, NY

I read the instructions for I-360, for people who want to apply as VAWA spouses. But I am confused. Even though I might not facing deportation, do I still have to show extreme hardship if, hypothetically, I were to be deported? Or must I show only if I truly am facing deportation? Thanks.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . All

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Julia Yeliseyeva

    Contributor Level 5

    Answered . Showing of extreme hardship is necessary only for those who are in removal proceedings and are applying for VAWA cancellation of removal.

  3. Stephen D. Berman

    Contributor Level 20

    Answered . An I-360 should not require proof of hardship.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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