The Board of Immigration Appeals has determined that hardship to the applicant is counted in the “exceptional and extremely unusual hardship” standard for a heightened standard 209(c) waiver. However, even if an applicant establishes the exceptional and extremely unusual hardship required to demonstrate extraordinary circumstances, a section 209(c) waiver and adjustment of status may still be denied in the exercise of discretion if the adverse factors, particularly those involving the alien’s criminal conduct, outweigh the favorable ones. . If the applicant has demonstrated exceptional and extremely unusual hardship, that finding would be a significant favorable factor in a discretionary analysis.
The full text of Matter of C-A-S-D- can be found here: