What is Extreme Hardship?

What is extreme hardship for T visa cases? How does it differ from other the hardship standard in other immigration remedies?

Important Update: The T Final Rule was released on April 30, 2024, updating regulations impacting T and T AOS applicants. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating our trainings, advisories, and other materials to reflect the new regulations. We appreciate your patience during this transition period and encourage you to review the new regulations and our advisory, Overview of the 2024 T Visa Final Rulewhile we update our resources.

Thank you for your understanding.


Extreme hardship for T visas is a higher standard than most other forms of hardship in immigration law and has its own specific factors delineated in 8 CFR § 214.11(i)(2). USCIS's Policy Manual expands upon these factors and clarifies that hardship to a family member may be considered to the extent that it constitutes hardship to the applicant. USCIS Policy Manual Vol. 3, Part B, Ch. 2.E.2. A finding of extreme hardship cannot be based solely on loss of financial or economic opportunities. 8 CFR § 214.11(i)(1)

For a strong extreme hardship argument, consider arguing at least three factors listed in the regulations. The strongest factors are those that are directly related to the trafficking victimization, while factors relying on country conditions, customs, or beliefs may be less strong. 

For more information, see: