Do I Qualify for a Hardship Waiver? Mental Health Symptoms that Matter in I-601 Cases
Wondering if you qualify for an I-601 hardship waiver? Learn how a mental health evaluation by a licensed therapist can document extreme hardship and support your case.
Key Takeaways
Hardship waivers (I-601 or I-601A) require strong evidence that your U.S. citizen or permanent resident family member would suffer “extreme hardship” if you were denied immigration relief or removed from the U.S.
A mental health evaluation helps document that emotional hardship, showing how your absence could lead to serious emotional, psychological, or physical consequences for your qualifying relative (such as a spouse or parent).
Licensed therapists identify symptoms like anxiety, depression, sleep issues, panic attacks, or emotional distress that support claims of hardship in a clinical, trauma-informed manner.
These evaluations are especially important in waiver cases because there is no fixed legal definition of “extreme hardship.” A therapist’s professional opinion can add credibility and structure to your attorney’s argument.
At Nueva Vida Therapy, we provide bilingual, trauma-informed evaluations across California, Oregon, and Arizona (virtually), and in person in Chula Vista, CA.
What Is a Hardship Waiver?
A hardship waiver is a legal request asking immigration officials to forgive certain immigration violations—such as unlawful presence or inadmissibility—because removing you from the U.S. would cause extreme hardship to your qualifying relative. This relative is typically a U.S. citizen or lawful permanent resident spouse or parent.
The challenge? “Extreme hardship” is not clearly defined, so the success of your case depends on how well your situation is documented—emotionally, medically, financially, and socially.
Why Include a Mental Health Evaluation?
Your attorney may recommend a mental health evaluation as part of your waiver application to show how your removal would affect your family member’s emotional health.
For example:
Would they experience panic, depression, or suicidal thoughts?
Do they rely on you for daily care, safety, or emotional stability?
Do they have a history of trauma that your absence would worsen?
A mental health evaluation provides a clinical, written report that outlines these risks and symptoms clearly, making your legal argument stronger.
Who Is the “Qualifying Relative”?
The evaluation usually focuses on the U.S. citizen or lawful permanent resident spouse or parent who would suffer hardship if you were removed. The therapist will meet with this person directly (not just the person applying for the waiver) to explore:
Their mental health history and current symptoms
Their emotional connection and dependence on you
Any unique vulnerabilities (e.g., past trauma, caregiving needs, disabilities)
This ensures the report reflects the emotional toll your separation would cause.
What Does the Final Report Include?
A hardship waiver evaluation includes:
The qualifying relative’s personal history and emotional profile
Symptoms of emotional distress (such as anxiety, panic, sadness, fatigue)
Clinical observations made during the interview
A formal mental health diagnosis (if criteria are met)
A professional explanation of how your absence would create lasting emotional harm
This report is written in a trauma-informed, culturally sensitive manner and is submitted to your attorney as part of the waiver package.
Available in English & Spanish
We offer bilingual evaluations to ensure that your family member can speak freely in the language that feels safest and most natural to them.
Serving California, Oregon & Arizona
At Nueva Vida Therapy, we serve clients across:
California
Oregon
Arizona
We offer virtual appointments in all three states, and in-person sessions in Chula Vista, California.
Schedule Your Appointment
Need help with a hardship waiver evaluation?
We’re here to support your family with compassionate, professional care.
📱 Call or text: (619) 728-9330
🌐 Visit: www.Nueva-Vida-Therapy.com
