What is a Hardship Evaluation and When Do You Need it?

What is a Hardship Evaluation and When Do You Need it?

These types of psychological hardship evaluations are incredibly important to immigrants and their families. When a person is put through the deportation process many times, little can be done to help them. Under certain circumstances, your attorney may be able to use the results of these evaluations to plead your case effectively. It can result in the cancellation of the deportation proceedings if used properly.


These evaluations look at the impact your deportation would have on you and your family. It looks at the psychological, financial, emotional, and other effects the proceedings will have on you and your family. There are four situations that these evaluations can be used successfully to defend your case.


When Are Hardship Evaluations Useful?

Under current United States immigration law, these following four situations can be defended against using evaluations like this.


Extreme Hardship Evaluations

If your deportation would lead your family to suffer extreme hardship, you can possibly use these tools to get the proceedings cancelled. If your absence would lead to extreme psychological or financial difficulties for your family, then getting a professional evaluation is critical for your case.


Spousal Abuse Scenarios

Immigrants who are married for legal status but are not citizens legally on their own can be useful. If you are suffering from domestic abuse and fit the above description, then these types of evaluations can show the impact of being stuck with your partner is having on you. Then you can be given legal immigrant status on your own.

spousal abuse scenarios


U Visa Proceedings

This is a special type of non-resident visa. It is for people that are important for federal investigations. People who have witnessed crimes and agree to testify can use these evaluations to increase their odds of approval.


Political Asylum

These evaluations are used to please the case for political seeking asylum. Psychologists run several batteries of tests to show the effect of the trauma that you experienced while abroad.


Why Are Immigration Hardship Evaluations Important?

There are two reasons that these are incredibly important. If you were to avoid deportation but not receive legal status, you would not have access to many legal rights and protections guaranteed to citizens in the country. Things as simple as renting a home are forever out of reach for many undocumented immigrants. There are few tools that currently exist to support the cases for such individuals. The results of these exams are a crucial part of the decision-making process by the courts.

They also protect you from being separated from your family. This would have dire consequences for both sides of the equation. Avoid lasting psychological damage and plead your case with the results of these exams. It will increase your odds of being approved for a waiver.


Parting Remarks Regarding The Critical Need for Immigration Hardship Evaluations

These tools are a vital part of the immigration process for many people. They have allowed families to remain whole rather than broken. They also have allowed many women to escape abusing situations that were prison sentences before.

Evelyn Rayner