The applicant must prove that there removal from the US would result exceptional extremely unusual hardship to his or her USC or LPR spouse, parent or child. The concentration of this must be on the qualifying relative(s) not the applicant. Medical reports, psychologist reports, expert witness reports, income, how will it be like on the qualifying relatives remaining in the US without the applicant or accompayning the applicant back to his/her home country. This is the most difficult aspect of a Cancellation of Removal Case.
Developing the Evidence Necessary
It is simply not enough to say that without the applicant gone, the relatives will face harm. There is no definition of extreme and exceptionally unusual hardship. Nevertheless, this must be proven by the applicant as the applicant has the burden of proof. Normally, if a qualifying relative has a disease, terminal illness or other physical ailment, this all can help overcome this statutory requirements. What does the applicant do to assist the qaulifying relative. What does the totality of circumstances show? Anyway, most of the focus on a cancellation case will be on this element.
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