Aggregate / Cumulative Consideration

23 I&N Dec. 467 (BIA 2002) · 2002

Hardship to qualifying relatives must be assessed cumulatively across all qualifying relatives; found exceptional hardship where single mother of six U.S. citizen children, who spoke no Spanish, would take children to Mexico where they had no ties.

One of the few BIA decisions finding hardship met. Emphasizes cumulative consideration of children's ties to the U.S., language, educational opportunities, and country conditions.