I-601 / I-601A Waiver Cases · Trilingual

Extreme-Hardship Psychological Evaluation

When a waiver case turns on what separation or relocation would do to your family, a clinical evaluation puts that reality into words a reviewer can weigh. Conducted by Najla Sallum, LCSW, in English, Português, or Español.

What this evaluation is for

An extreme-hardship psychological evaluation is a clinical assessment of how a qualifying family member, usually a U.S. citizen or lawful permanent resident spouse or parent, would be affected if a loved one were denied a waiver. It looks at two futures: life if the family is separated, and life if the family relocates together.

The evaluation gathers history, current functioning, and clinical observations into a written report your attorney can file with the waiver application. It does not argue the law. It documents, carefully and honestly, what is happening in your family and what the clinical picture suggests about the road ahead.

Who may participate

  • The qualifying relative (the U.S. citizen or lawful permanent resident family member) is usually the person evaluated
  • The applicant may also be interviewed when their circumstances shape the family's situation
  • Spouses, parents, and in some case types other close family members, as your attorney directs
  • Family members who prefer to speak in Português or Español are evaluated directly in that language, with no interpreter needed

What the evaluation may explore

  • Emotional functioning: anxiety, depression, sleep, concentration, and how symptoms have changed under the stress of the case
  • What separation would mean day to day: caregiving, income, parenting, and emotional support
  • What relocation would mean: safety, medical care, schooling, language, and ties to the community
  • Medical and caregiving circumstances in the family, including conditions that depend on treatment in the United States
  • Relevant personal history that shapes how this family would absorb the loss

Family separation and caregiving

Hardship cases are rarely about one thing. A parent's medical condition, a child's needs, a job that cannot move, a family member who depends on daily care: the evaluation takes the time to understand how the pieces of your family fit together, so the report reflects the real weight of what is at stake.

Working with your attorney

When you have counsel, Najla coordinates directly with your attorney on the referral question, useful records, and timing. The report is written for legal review: organized, clinical, and free of advocacy language, so it holds up under a careful read.

Documents that may assist

  • Any referral notes or document list from your attorney
  • Medical or mental health records for the qualifying relative, when they exist
  • School, work, or caregiving records that show how the family functions
  • Prior filings or declarations your attorney wants considered

Nothing on this list is required before you reach out. Your attorney and the intake call will confirm exactly what applies in your situation.

What the evaluator does not decide

An evaluation documents clinical findings. It is honest, independent, and written for legal review. It is not a legal opinion, and it never promises an outcome.

  • Whether the legal standard of extreme hardship is met. That decision belongs to the reviewing agency.
  • Whether the waiver will be approved. No evaluation, and no evaluator, can promise an outcome.
  • Legal strategy. The evaluator documents clinical findings; your attorney decides how the report fits the case.

Ready to take the next step?

Start with the request form or a free phone consultation. English, Português, Español.

Not ready to book yet?

A free organizer for gathering the areas of family impact you may want to discuss.

Organize Potential Areas of Impact

Common questions, answered

Straight answers before you book.

Who gets evaluated in an extreme-hardship case?

Usually the qualifying relative: the U.S. citizen or lawful permanent resident spouse or parent whose hardship the waiver considers. Depending on the case, the applicant may also be interviewed. Your attorney's referral defines who should be seen.

Does a hardship evaluation guarantee the waiver is approved?

No. The evaluation documents clinical findings relevant to the hardship question. The reviewing agency decides the case, and no clinician can promise how a report will be weighed.

How long does the extreme-hardship evaluation take?

The clinical interview generally takes two to three hours and may be split across sessions. Written reports are typically completed within seven to fourteen days of the final interview; complex cases or added records can extend that.

Can the evaluation be done by video?

Yes. Evaluations are available in person in Boca Raton or by secure video, subject to case-specific requirements. Many hardship evaluations are completed fully by telehealth.

What if my spouse only speaks Portuguese or Spanish?

The full evaluation can be conducted in English, Português, or Español, directly with Najla, with no interpreter in the room.

Related pages