Hardship case – Immigration psychological evaluations

Hardship Evaluation is a professional psychological assessment that can be a key element in immigration cases. It helps determine how much harm will come to family members or the immigrant themselves if the deportation process ends in their removal from the country. It is important to understand that such assessments play a major role in the successful outcome of immigration cases, as they provide the court with evidence of the emotional, psychological, and physical impact of a possible decision on all family members.

A hardship assessment is a comprehensive psychological analysis conducted by a licensed professional that determines what emotional and financial hardships will be faced by an individual and their family if they are deported or denied immigration status. The psychologist evaluates the psychological state of the client and their family, identifying important aspects such as the level of dependency on each other, health, and overall quality of life, which can be seriously affected by separation.

The process of implementation

In the case of extreme psychological hardship, a U.S. citizen or resident applies for a waiver of immigration burden because deportation of a family member would cause extreme hardship to him or her family.

It is important to remember that the deportation would cause hardship to the family (such as a spouse, children, or parents), not to the individual who would be deported.
Negative consequences of deportation, such as job loss or separation of parents from young children, are considered “typical” hardship in the eyes of the court.
The court considers hardship “extreme” only if the impact on the family is unusual or beyond what would normally be expected from deportation.

Here are some examples of situations that are considered “extreme”:

1. A family member has serious health problems and cannot safely travel abroad, making it necessary for the individual to remain in the United States to care for the family member.
2. The individual’s parents are aging and require the individual to remain in the United States to care for them.
3. The person is the primary breadwinner for the family and deportation would cause the family extreme financial hardship.
4. The person’s children are well advanced in their education in the United States and do not speak, read, or write the language of a foreign country.

Leaving the United States could permanently prevent them from completing their education.
If one parent were to leave the United States, separation anxiety could occur in the remaining child. In some cases, young children who lack the emotional maturity to understand why a parent might have to leave the United States may also develop depressive disorders.
If the court finds that a deportation order would cause extreme or exceptional hardship to the U.S. citizen or resident, the order may be vacated and lawful permanent residence may be granted.

Let's get acquainted!

Hello, my name is Anna Tikhomirova. I am a licensed professional counselor with 15 years of experience specializing in trauma therapy, particularly for women with absent fathers and rejection trauma. I am also a board-approved supervisor with a passion for helping people from diverse cultural backgrounds.

I am the founder of the Center for Mindful Counseling PLLC, which provides therapy and supervision while supporting individuals in overcoming life challenges. I have experience conducting evaluations for immigration cases and hold active licenses in Florida, Virginia, and Texas.

Anna Tikhomirova

ASSESSMENT OF THE DIFFICULTY OF EMIGRATION

ASSESSMENT OF THE DIFFICULTY OF EMIGRATION

The process of implementation

Let's get acquainted!

MY EDUCATION