Hardship Waivers

HARDSHIP WAIVERS

A citizen or resident of the United States (Applicant) may apply for an immigration waiver, if the deportation of a relative causes hardship. A psychological evaluation documents hardships, which may include mental health diagnoses, medical complications, impaired work and social functioning, and financial difficulties.

When appropriate, the psychological evaluation explores and documents issues that impair the Applicant’s ability to move to another country and issues that impair the Applicant’s ability to reside in the United States without the foreigner.

Guided by case-law and legal standards, we identify hardships within numerous categories (e.g., finances, housing, medical needs, academic issues, suicide risk, country conditions, etc.). Then, we assess the impact these hardships have on emotional and social adjustment. All evaluations include an assessment of abuse and trauma, as these are risk factors for mental health problems, and it helps establish the severity and longstanding nature of the mental health issues. A history of trauma and/or pre-existing mental health conditions help document that the person has mental health vulnerabilities that are NOT relate to the immigration problems.

The hardship waiver evaluations may be used in immigration cases such as:

• Fraud or Willfull Misrepresentation
• Battered Spouse Self Petitioner under
• Cancellation of Removal
• Remove Conditions on Residency
• Fiancee Visa – to document reasons preventing the couple from meeting in the past two years.
• CR1 or IR1 Visa – Extreme hardship evaluations
• Other 601 and 601A Waivers