blueblue
08-18-2008, 06:30 PM
This was posted on another newsgroup by attorney Stuart Folinsky. It contains a couple links to case law that are good resources for definition of extreme hardship, even when living with your spouse overseas. Reposting here for reference. It is general in nature, but since there is no general 601 info to post in, I put it here.
An oldie but a goodie: http://www.usdoj.gov/eoir/vll/intdec/vol14/2161.pdf
The thing is that ALL appellate decisions in this arena are from DENIALS and most appeals lose. Its hard to win on appeal -- so appellate decisions are quite often of little help. The 212(h) is one of those areas where we have a decision which reversed a denial -- so we have a case which describes a winnable case. Also, believe it or not "extreme hardship" is a fairly low standard in this day and age -- and there is another case from a different arena -- http://www.usdoj.gov/eoir/efoia/bia/...dfDEC/3446.pdf
__________________
"Folinskyinla"
www.folinsky.com
Certified Specialist Immigration & Nationality Law
Calif. Bar Board of Legal Specialization
An oldie but a goodie: http://www.usdoj.gov/eoir/vll/intdec/vol14/2161.pdf
The thing is that ALL appellate decisions in this arena are from DENIALS and most appeals lose. Its hard to win on appeal -- so appellate decisions are quite often of little help. The 212(h) is one of those areas where we have a decision which reversed a denial -- so we have a case which describes a winnable case. Also, believe it or not "extreme hardship" is a fairly low standard in this day and age -- and there is another case from a different arena -- http://www.usdoj.gov/eoir/efoia/bia/...dfDEC/3446.pdf
__________________
"Folinskyinla"
www.folinsky.com
Certified Specialist Immigration & Nationality Law
Calif. Bar Board of Legal Specialization