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Originally Posted by OptimistinDenial
"Extreme hardship" is very hard to establish. The individual has to be very, very ill/disable and and you have to prove beyond the scope of clear emotional ties that the person really needs you. They want to see that you support this individual and his/her illness both emotionally and financially. They have a limit on the ppl who get this type of waiver but the amount of ppl who apply is ridiculous high compare to the ones who receive it. I vaguely remember that was what an immigration lawyer told me but I'm unsure if something has changed since 2012.
It is very hard to know anything other than what you hear from legal sources. So many ppl claim to have solve their immigration problems through this or that path (marriage, disable child, ect.) and then they get deported for being undocumented.
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About 51% of extreme hardship waivers get approved. The problem isn't the fact that extreme hardship is hard to establish. It's the fact that it's a subjective term that was never defined by USCIS, and waivers are "may issue", not "shall issue". This means that you can have 4 identical relatively strong cases for I-601 with identical evidence, 1 will be approved, 1 will get sent back to USCIS and then approved, 2 will get denied. Also since I-601s are first looked at by the consulate, it really depends where you're from. You're likely to get one in Juarez than in Berlin.
By using I-601 you're playing a massive gamble because anything can happen. Another problem with I-601 approval rates are the DIY people who think that they can bullshit a hardship letter and get a waiver, and sometimes it works (at least according to stories on immigrate2us.net). But really, I-601 is something that you must never attempt on your own, you want a qualified lawyer who dealt with those before.
I-601A expansion would be great, since you'd be able to attempt the waiver without needing to set a foot outside US. If your waiver request gets denied, then well, you're still here, and can still re-file.
Yes, I know, in cases of F1, F2A, F2B, and F3, the hardship case might be sketchy at first. That's why the expansion would be great, right now even if you're statutory eligible for a waiver you really do not want to leave the country for a year with no idea if you'll get a waiver or not.
In regards to disabled child, a disabled child will not get you an I-601, at least not directly, that's because children are not qualifying relatives for basis of hardship. The qualifying relatives are USC/LPR Spouse/Parent. A disabled child alone could get you Cancellation of Removal, but this is the second hardest immigration benefit you can pursue, at it requires "Exceptional and unusually extreme hardship", only Convention Against Torture relief is harder to obtain.