Hardship Evaluation Psychologist: The Experts in Conducting the Evaluation

Why a Psychological Evaluation?

In cases where a non-citizen is seeking a waiver of inadmissibility to the United States, it may be useful to call on a testimony from a hardship evaluation psychologist or immigration psychologist, to prove that deporting the applicant would cause extreme hardship to a family member who is a U.S. citizen or permanent legal resident. While the deportation of a family member would likely cause distress in anyone, an evaluation from a psychologist explaining how the loss of that person would result in an inability of a spouse, parent or child to mentally cope may encourage the court to cancel an imminent deportation.

Whose Hardship is Considered?

The potential hardship faced by the non-citizen does not matter, but spouses, parents, and in the case of criminal inadmissibility, children are the qualifying family members whose potential hardships would be considered. For this, the judge needs to weigh the potential outcome to see if the family member would experience extreme hardships beyond what the average person should expect to go through after a loved one is deported. The inability to function or a mental condition becoming a physical one to the point of extreme hardship is considered.

How Does a Psychological Evaluation Work?

During a psychological evaluation, a hardship evaluation psychologist or immigration psychologist reviews medical, psychiatric or psychological records and conducts a mental status test to determine if the qualifying relative has a mental or cognitive disorder. Psychologists can determine if there are psychological problems or a mental illness, including Post-Traumatic Stress Disorder (PTSD) that would make living without their non-citizen family member extremely difficult. Psychologists can also determine if there are cognitive impairments such as a learning disability or dementia.

The Importance of a Psychiatric Diagnosis and Ongoing Treatment to the Appeal

Psychological Evaluations can have a positive impact on the outcome of an applicant’s request for a waiver even if there is not an ongoing relationship with the testifying psychologist. It is normal to struggle to function in the same way as before once a family member has been deported, therefore a psychiatric diagnosis does not in itself indicate extreme hardship. Factors leading to an inability to cope, combined with Depression, Adjustment Disorder, PTSD, as well as physical symptoms resulting from mental health disorders that could lead to extreme hardship can be determined in just one evaluation from a hardship evaluation psychologist or immigration psychologist.

Other Factors to Consider

The number of qualifying family members testifying in an appeal can influence a positive outcome of the case. Non-citizens with legal counsel who seeks a psychological evaluation may have a more accurate and comprehensive appeal. Also, non-citizens have varying financial circumstances. As a group non-citizens and their qualifying family members may have less access to health insurance and, therefore, psychological treatment. A non-citizen who has access to a psychologist may be someone with a higher income, better education and health insurance. Therefore, the cost of a psychological evaluation may be more than many non-citizens can handle.