Can proof of hardship help you defend against deportation?

On Behalf of | Jan 16, 2025 | Immigration |

Defending against deportation can make you feel like you have no options. However, proving hardship may provide a strong defense. 

The immigration system may allow you to avoid deportation if you can prove that your removal would cause extreme hardship to a relative.

What is a qualifying “hardship?”

To use hardship as a defense, you must show that your deportation would create severe consequences for your relative. The term “extreme hardship” goes beyond typical difficulties that families face during separation. It often includes serious emotional, financial or medical challenges. 

For example, you might have a family member who has a chronic medical condition and relies on you for care or financial support. Your deportation would cause significant harm. Similarly, a child might experience extreme hardship if their parent or guardian leaves the country.

How can you prove hardship?

Proving hardship requires detailed documentation. You can use medical records, financial statements, school reports and witness testimonies. This evidence shows how the relative would suffer and why the hardship qualifies as extreme under immigration law.

It is also important to explain why other solutions, such as relocating the family or finding alternative care, would not resolve the hardship. For example, a child with special educational needs might not receive the same level of support in another country. A spouse who works in the U.S. might face insurmountable difficulties supporting the family alone.

Hardship defenses can provide a way for you to remain in the United States, but they require careful preparation. Understanding the factors that count as extreme hardship and presenting convincing evidence can make a significant difference in a deportation case.