Psychological Evaluations for I-601 and I-601A Extreme Hardship Waivers
An extreme hardship evaluation documents the psychological condition of the qualifying relative in an I-601 or I-601A waiver case.
Call Sandra: 1-202-519-8104What this case type is
A hardship waiver asks U.S. immigration authorities to forgive a ground of inadmissibility, such as time spent in the United States without status, so that the applicant can become a permanent resident. The applicant has to show that a qualifying relative would suffer extreme hardship if the waiver were denied. For unlawful presence and fraud waivers, the qualifying relative is a U.S. citizen or permanent resident spouse or parent (INA 212(a)(9)(B)(v) and 212(i)). The applicant's children are not qualifying relatives for these waivers, though hardship to a child can matter through its effect on the qualifying relative.
The I-601A, or provisional unlawful presence waiver, is filed from inside the United States before the applicant leaves for a consular interview abroad, and covers only unlawful presence. The I-601 is the broader waiver form. It covers other grounds as well, such as fraud or certain criminal grounds, and is often filed after the consular interview or with an application to adjust status in the United States.
Hardship waivers are the evaluations Sandra Arboleda is asked for most often.
What the evaluation looks at
- The qualifying relative's current psychological condition, assessed through a clinical interview and standardized measures.
- How the relative's mental health, family role and daily functioning are connected to the applicant.
- What the available information shows about the likely psychological effect of separation, or of relocating to the applicant's country.
- Relevant history, such as prior trauma, existing diagnoses or caregiving responsibilities.
The written report states Sandra's findings as what the available information supports. The attorney decides how to use it in the case.
Who conducts the evaluation
Sandra Arboleda, LICSW, a Licensed Independent Clinical Social Worker, conducts evaluations directly in English or Spanish.
Evaluations are conducted by telehealth for clients in 40 states and jurisdictions.
Questions
Who is evaluated in a hardship waiver case?
The qualifying relative, meaning the U.S. citizen or permanent resident spouse or parent whose hardship the waiver depends on.
Does hardship to the applicant's children count?
Not directly for unlawful presence and fraud waivers. Hardship to a child can still matter when it affects the qualifying relative, for example a spouse who would be raising the children alone. The attorney decides how to frame this.
Does the evaluation have to be in person?
No. Evaluations are conducted by telehealth for clients in the states and jurisdictions listed on the coverage page.