Psychological Evaluations For Immigration | I-601 hardship waiver | North Carolina

A psychological evaluation can help support an extreme hardship case by providing objective evidence of the impact of the potential deportation on the individual's mental and emotional well-being. The evaluation can be performed by a licensed psychologist, who will assess the individual's symptoms and provide a diagnosis, if applicable. The evaluation can also include recommendations for treatment or support to help alleviate the individual's distress. The results of the psychological evaluation, combined with other evidence such as medical records, expert testimony, and personal statements, can help strengthen the individual's claim and demonstrate the extreme hardship they would face if deportation were to occur.

I-601 hardship waiver, also known as an “extreme hardship waiver.”In an immigration waiver application for extreme psychological hardship, a US citizen or resident seeks relief from the deportation of a relative, claiming that the deportation would cause extreme hardship for them or their family (spouse, children, or parents). The hardship must go beyond the typical impacts of deportation, such as job loss or separation of parents from small children, and be considered unusual or exceptional by the court. The court evaluates the specific circumstances of each case, taking into account the impact of the deportation on the mental and emotional well-being of the individual and their family. The individual must provide evidence to support their claim, including medical records, expert testimony, and personal statements. The final decision to grant or deny the waiver is based on considering all the relevant factors and is at the discretion of the immigration authorities.

Examples of factors that may qualify as extreme hardship in an immigration waiver case include:

1. Health conditions: serious or life-threatening medical conditions that cannot be treated in the country of deportation or the lack of access to appropriate medical care

2. Family ties: strong emotional ties to family members in the US, especially with elderly or disabled relatives who could not care for themselves without the individual's help.

3. Economic hardship: inability to support oneself or one's family due to a lack of job opportunities or access to public benefits in the country of deportation.

4. Cultural and language barriers: the individual's inability to adapt to the culture, language, or way of life in the country of deportation, leading to social isolation and mental distress.

5. Political, religious, or ethnic persecution: fear of persecution based on political views, religious beliefs, or ethnic background in the country of deportation.

These are some examples, and each case will be evaluated based on its unique circumstances and the individual's specific situation. The immigration authorities will consider all relevant factors and make a discretionary decision on whether to grant or deny the waiver. In an immigration extreme hardship case, USCIS considers all factors collectively, including all evidence submitted. One hardship factor alone may not be enough, but when combined with other evidence supporting hardship, it may meet the extreme hardship standard. A psychological evaluation will summarize all the mitigating factors into a qualitative analysis. Some factors that may contribute to a cumulative hardship showing include expected consequences, particularly significant factors, multiple hardship factors, and multiple qualifying relatives (such as a lawful permanent resident mother and a U.S. citizen spouse).