[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.58]

[Page 475-476]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
   Subpart F--Suspension of Deportation and Voluntary Departure (for 
              Proceedings Commenced Prior to April 1, 1997)
 
Sec. 240.58  Extreme hardship.

    (a) To be eligible for suspension of deportation under former 
section 244(a)(1) of the Act, as in effect prior to April 1, 1997, the 
alien must meet the requirements set forth in the Act, which include a 
showing that deportation would result in extreme hardship to the alien 
or to the alien's spouse, parent, or child, who is a citizen of the 
United States, or an alien lawfully admitted for permanent residence. 
Extreme hardship is evaluated on a case-by-case basis, taking into 
account the particular facts and circumstances of each case. Applicants 
are encouraged to cite and document all applicable factors in their 
applications, as the presence or absence of any one factor may not be 
determinative in evaluating extreme hardship. Adjudicators should weigh 
all relevant factors presented and consider them in light of the 
totality of the circumstances, but are not required to offer an 
independent analysis of each listed factor when rendering a decision. 
Evidence of an extended stay in the United States without fear of 
deportation and with the benefit of work authorization, when present in 
a particular case, shall be considered relevant to the determination of 
whether deportation will result in extreme hardship.
    (b) To establish extreme hardship, an applicant must demonstrate 
that deportation would result in a degree of

[[Page 476]]

hardship beyond that typically associated with deportation. Factors that 
may be considered in evaluating whether deportation would result in 
extreme hardship to the alien or to the alien's qualified relative 
include, but are not limited to, the following:
    (1) The age of the alien, both at the time of entry to the United 
States and at the time of application for suspension of deportation;
    (2) The age, number, and immigration status of the alien's children 
and their ability to speak the native language and to adjust to life in 
the country of return;
    (3) The health condition of the alien or the alien's children, 
spouse, or parents and the availability of any required medical 
treatment in the country to which the alien would be returned;
    (4) The alien's ability to obtain employment in the country to which 
the alien would be returned;
    (5) The length of residence in the United States;
    (6) The existence of other family members who are or will be legally 
residing in the United States;
    (7) The financial impact of the alien's departure;
    (8) The impact of a disruption of educational opportunities;
    (9) The psychological impact of the alien's deportation;
    (10) The current political and economic conditions in the country to 
which the alien would be returned;
    (11) Family and other ties to the country to which the alien would 
be returned;
    (12) Contributions to and ties to a community in the United States, 
including the degree of integration into society;
    (13) Immigration history, including authorized residence in the 
United States; and
    (14) The availability of other means of adjusting to permanent 
resident status.
    (c) For cases raised under section 244(a)(3) of the Act, the 
following factors should be considered in addition to, or in lieu of, 
the factors listed in paragraph (b) of this section.
    (1) The nature and extent of the physical or psychological 
consequences of abuse;
    (2) The impact of loss of access to the United States courts and 
criminal justice system (including, but not limited to, the ability to 
obtain and enforce orders of protection, criminal investigations and 
prosecutions, and family law proceedings or court orders regarding child 
support, maintenance, child custody, and visitation);
    (3) The likelihood that the batterer's family, friends, or others 
acting on behalf of the batterer in the home country would physically or 
psychologically harm the applicant or the applicant's child(ren);
    (4) The applicant's needs and/or needs of the applicant's child(ren) 
for social, medical, mental health or other supportive services for 
victims of domestic violence that are unavailable or not reasonably 
accessible in the home country;
    (5) The existence of laws and social practices in the home country 
that punish the applicant or the applicant's child(ren) because they 
have been victims of domestic violence or have taken steps to leave an 
abusive household; and
    (6) The abuser's ability to travel to the home country and the 
ability and willingness of authorities in the home country to protect 
the applicant and/or the applicant's children from future abuse.
    (d) Nothing in Sec. 240.58 shall be construed as creating any right, 
interest, or entitlement that is legally enforceable by or on behalf of 
any party against the United States or its agencies, officers, or any 
other person.

[64 FR 27875, May 21, 1999]

Subpart G--Civil Penalties for Failure to Depart [Reserved]