Qualifying Relatives

22 I&N Dec. 560 (BIA 1999) · 1999

Identified relevant factors for hardship: respondent's length of residence, qualifying relative's health and age, country conditions, financial impact, educational opportunities, and extended family ties.

The primary BIA case listing the hardship factors. Sets out the multi-factor balancing test still used today.

29 I&N Dec. 519 (BIA 2026) · 2026

(1) Respondent's children are no longer qualifying relatives for cancellation because they have aged out (turned 21). (2) Respondent has not demonstrated that the economic detriment, diminished educational opportunities, and emotional hardship his children may experience on removal would constitute exceptional and extremely unusual hardship.

Confirms that qualifying relative status is assessed at the time of the IJ's decision. Children who age out before a final order eliminate that basis for hardship entirely.