Evidence Of Psychological Hardship


How Do I Show Evidence of Psychological Hardship?

If you have been found to be inadmissible to the United States for unlawful presence, misrepresentation, and/or a crime involving moral turpitude, you need an approved hardship waiver/immigration waiver in order to become a lawful permanent resident of the United States. The hardship waiver explains how your qualifying relative (typically your U.S. citizen of lawful permanent resident spouse or parent) will suffer if you cannot reside in the United States. There are three kinds of hardship factors considered: psychological, physical, and financial.

It is essential that any claim of hardship that your qualifying relative will suffer is supported by evidence. For physical and financial hardship, this evidence is often a collection of medical records and financial records, which should be easy to obtain and provide with your waiver application. Psychological hardship evidence, however, is a bit more difficult to show. Here are three examples of how you can show psychological hardship evidence in a waiver application:

  1. Psychological Evaluation & Regular Counseling/Therapy: If your qualifying relative is suffering from depression and anxiety as a result of your immigration situation, a formal diagnosis of any mental health conditions can go a long way in your waiver application. There are psychologists around the country experienced with immigration applications who can perform an extensive psychological evaluation for your waiver. Caruso Law Group has working relationships with two such psychologists in Pittsburgh and New York City, but we can also help you find a qualified psychologist with experience in immigration applications located closer to your qualifying relative. It is also helpful when establishing psychological hardship for your qualifying relative to participate regularly in counseling or therapy. Your qualifying relative’s health insurance provider may cover counseling or therapy sessions. If counseling or therapy is not covered by health insurance – or if your qualifying relative does not have health insurance – the Anxiety and Depression Association of America (ADAA) provides a guide to finding low-cost treatment.
  2. Disruption of Education: If your qualifying relative is currently enrolled in college and would to have to cease his or her studies due to financial strain caused by your immigration situation, that could qualify as psychological hardship. Similarly, if your qualifying relative plans to relocate to your home country with you and would not be able to complete his or her educational pursuits outside of the United States, that could also qualify as psychological hardship. If your qualifying relative has school-age children who would also relocate to your home country with you, the children may also experience a disruption in education, which could qualify as psychological hardship to the qualifying relative. Proof of college enrollment and/or children’s school records can be used as evidence of disruption of education.
  3. A Strong and Compelling Personal Statement/Affidavit: One of the most important parts of any hardship waiver application is the personal statement or affidavit from the qualifying relative. This statement is the qualifying relative’s opportunity to explain all of the extreme hardship he or she would suffer if you cannot reside in the United States as a lawful permanent resident, which includes descriptions of the depression and anxiety symptoms your immigration situation is causing and will continue to cause. The statement from your qualifying relative needs to be detailed, strong, and compelling as it is your qualifying relative’s only chance to communicate with the immigration officer reviewing the waiver application. Often the process of writing this statement can be daunting and overwhelming, especially if the qualifying relative is not familiar with preparing such a thorough document. The team at Caruso Law Group has helped more than one hundred qualifying relatives draft their personal statements that have resulted in approved hardship waiver applications.

The process of applying for a hardship waiver application can be overwhelming and time-consuming. Vanessa and Allison at Caruso Law Group can assist you through the process, ensuring your application is completed in a timely manner and helping you feel confident in your hardship waiver application before it is submitted to USCIS. If you believe you are inadmissible to the United States and need an approved hardship waiver application so you can reside with your family members in the United States, contact Caruso Law Group for a free consultation today to find out more info.

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