One of the quirks about hardship law is that it is the immigrant’s citizen or permanent resident spouse’s hardship that counts - not the immigrant’s hardship.
I hear you now.
"But, but, but, it's the immigrant’s case." It is, you're right.
Yet, who is the legal resident, the U.S. citizen?
That doesn't mean other factors will not play a role in shaping the final presentation of evidence.
The case, however, begins and centers on the spouse who is in the U.S. with legal status.