The Executive Order issued by President Obama indicates that the concept of " extreme hardship" may be modified by USCIS in the processing of the FORM I-601A. We need to wait for the federal regulations to be issued to see how the concept will be modified.
Additional guidance on the definition of "extreme hardship" for a provisional waiver has been requested, but not yet issued. We shall wait and see.
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As part of the roll-out of President Obama's Executive Order, the DHS director issued a memo directing USCIS to "provide additional guidance on the definition of 'extreme hardship.'" See: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_i601a_waiver.pdf We will need to wait and see how USCIS responds. As listed in this recent memo, hardships typically include such issues as family ties to the US, family ties to the home country, conditions in the home country, the age of the qualifying relative, length of residence in the US, medical and mental health conditions, financial hardships, and educational hardships. I suggest that you work with an immigration attorney with a proven track record of success in preparing waiver applications, so that you will have the best chance of success. Best wishes.
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