Divorce-based Removal of Conditions - lawyer wants to extreme hardship waiver as well

[jxn 86]

I'm asking this on behalf of my sister-in-law. My wife and I did her marriage-based RoC ourselves so it was very straightforward.

 

In this case, for the I-751 the immigration lawyer is going for a divorce waiver (their marriage was indeed entered into good faith and ended fairly amicably), but also wants to check Part 3, section 1.g., "The termination of my status and removal from the United States would result in an extreme hardship," and submit a State Department country report to back up the claim regarding El Salvador. The country certainly has its problems, but in this case she doesn't fear for her life. We are all trying to understand the lawyer's logic of having her also claiming extreme hardship. If a divorce waiver is granted for marriages entered into in good faith, why even add an additional waiver request? Doesn't it add the possibility that she could be overall denied based on USCIS not agreeing with the extreme hardship waiver request?

 

Thank you!

[Boiler 43,426]

Seems silly, has she consulted with other Lawyers, what do they say?

[geowrian 22,335]

If an extreme hardship waiver is requested, you must show an extreme hardship. The divorce waiver option is a much, much more traveled route than many people do fine.

[Dashinka 23,234]

To me it seems this lawyer is asking your SIL to lie in a way.  You said she doesn't fear for her life, so if she were to have an I751 interview, how would she respond to the hardship waiver.

[Going through 5,668]

I guess the lawyer wants to check both to seemingly make "more options open" to her, or whatever his reasoning may be.

 

It's far easier to do a divorce waiver than a hardship waiver.

[millefleur 5,035]

**Moved from ROC General Discussion to Effects of Major Family Changes on Immigration Benefits; OP may get more answers there**