Extreme Hardship Evaluation for I-601 and I-601A Waivers

An extreme hardship evaluation is a psychosocial evaluation written for a hardship waiver case. It documents how a U.S. citizen or lawful permanent resident spouse or parent would be affected if their family member were denied a waiver and the family had to separate or relocate abroad. Neema Counseling conducts extreme hardship evaluations by video across Texas and Colorado. The evaluation costs $750, takes three to five weeks, and is conducted by a Licensed Professional Counselor.

What a hardship waiver evaluation is for

Some people who are otherwise eligible for a green card are found inadmissible, most often because of time spent in the United States without status. Immigration law allows a waiver of that ground in certain cases, filed on Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-601A (Provisional Unlawful Presence Waiver). To win the waiver, the applicant has to show that a qualifying relative, usually a spouse or parent who is a U.S. citizen or lawful permanent resident, would suffer extreme hardship without them.

That is the part a mental health evaluation speaks to. Immigration officers weigh hardship that goes beyond the ordinary sadness and difficulty of any family separation. A written psychosocial evaluation gives the officer a professional account of the qualifying relative's mental health, their medical and caregiving needs, their financial and family situation, and what would realistically happen to them under two scenarios: staying in the United States without their family member, or leaving the country to stay together.

Your immigration attorney decides whether an evaluation belongs in your filing and how it fits with the rest of the evidence. Neema's role is the clinical report. We strongly recommend working with an attorney before scheduling.

Who is evaluated

In most hardship waiver cases the person evaluated is the qualifying relative, not the applicant. If your spouse is applying for the waiver, the evaluation is usually of you. Depending on the case, the evaluator may also speak with the applicant or with other family members, such as children, whose needs bear on the qualifying relative's hardship.

What the evaluation covers

The evaluator meets with the qualifying relative by video, typically twice and sometimes three times, and writes a report that documents:

Mental health history and current symptoms. Anxiety, depression, sleep problems, trauma history, and how these have changed as the immigration case has unfolded.
Medical conditions and caregiving. Chronic illness, disability, pregnancy, and who depends on whom for daily care, including children and aging parents.
Family structure and roles. Who earns, who parents, who provides transportation, translation, or support, and what is lost if that person is gone.
Financial circumstances. Household income, debts, housing, and what a single income or a move abroad would mean.
Education and employment. The qualifying relative's job, schooling, and career, and any children's schooling.
Conditions in the country of relocation. Language, safety, access to medical and mental health care, family ties or lack of them, and the qualifying relative's realistic ability to live and work there.
The separation scenario and the relocation scenario. Each is addressed on its own, because an officer is asked to consider both.

The report is objective. It describes what the evaluator found, with the clinical reasoning behind it. It does not argue the legal case and it does not promise an outcome.

What to expect, step by step

Referral and scheduling. Contact Neema Counseling to schedule an immigration evaluation. Let us know your attorney's name and your filing timeline.
Intake paperwork. You complete forms about your history, your family, and your health before the first meeting.
Interview meetings by video. Two meetings is typical, sometimes three. They cover your background, your relationship, your health, your family's needs, and how you have been coping.
Document review. Your evaluator may review records your attorney thinks are relevant, such as medical documentation or a letter describing the case.
The written report. Writing the report is the long part of the process. The full timeline from scheduling to delivery is usually three to five weeks. If your filing deadline is tight, an expedited timeline may be possible for an additional fee, depending on clinician availability.

For a fuller walkthrough of the interview, read what to expect from an immigration evaluation, or our article on how to prepare for a hardship waiver evaluation. Este artículo también está disponible en español: evaluaciones de exención por dificultades extremas.

Cost

An extreme hardship evaluation for an I-601 or I-601A waiver costs $750. The fee covers the interviews, the document review, and the written report. The free 15-minute consultation that Neema offers for counseling does not apply to evaluations; the first step is scheduling the evaluation itself.

Who performs the evaluation

Neema's immigration evaluations are conducted by Licensed Professional Counselors, and they are psychosocial and mental health evaluations. If your attorney needs formal psychological testing or expert testimony from a psychologist, we will say so at the start and refer you to a colleague who provides it, rather than take a case we are not the right fit for. Attorneys tend to find that clarity useful.

Evaluations are conducted by video

Every Neema immigration evaluation is conducted by secure video. There is no in-person option for evaluations, in Austin, Houston, or anywhere else. That means you can complete the evaluation from home anywhere in Texas or Colorado, in a private space, without travel. Ongoing counseling, if you want it during or after the case, is a separate service and is available in person at our Austin and Houston offices as well as online.

Counseling during a hardship waiver case

A waiver case can take many months, and the waiting is hard on marriages and on children. Neema also offers immigration counseling for individuals, couples, and families living through the process, in English and Spanish. Counseling is not part of the evaluation and does not affect it; it is simply available if you need support. Our article on coping with difficult emotions after immigration is a useful starting point.

Frequently asked questions

Does the qualifying relative have to be the one evaluated?

Usually, yes. The waiver turns on hardship to the qualifying relative, so the evaluation focuses on that person. Your attorney will tell us who should be evaluated for your case.

Do I need an attorney before I schedule an extreme hardship evaluation?

We strongly recommend it. Your attorney decides whether an evaluation is useful for your filing, what the report should address, and when it is due. We are glad to coordinate with your attorney directly.

How much does a hardship waiver evaluation cost?

$750 for an I-601 or I-601A extreme hardship evaluation. Asylum evaluations are $900.

How long does it take?

Three to five weeks from scheduling to the finished report. Expedited timelines may be available for an additional fee, depending on clinician availability.

Can the evaluation be done in Spanish?

Yes. Fabian Armenta, LPC, conducts extreme hardship evaluations in Spanish. Lauren Jones, LPC-S, also works with Spanish-speaking clients, with Elvia Delgado, LPC-Associate, assisting with translation. Tell us which you would prefer when you schedule.

Is the evaluation done in person?

No. All Neema immigration evaluations are conducted by video, across Texas and Colorado.

Does a hardship evaluation guarantee the waiver?

No. The evaluation is one piece of evidence among many, and the decision belongs to the immigration officer. A clear, thorough, and honest evaluation gives your attorney the strongest possible account of your family's situation.

Schedule an extreme hardship evaluation

If your attorney has recommended a hardship waiver evaluation, schedule an immigration evaluation with Neema Counseling. Evaluations are conducted by video across Texas and Colorado, cost $750, and are usually complete in three to five weeks.

If your attorney has asked for a different kind of report, our VAWA evaluation page covers self-petitions under the Violence Against Women Act. We also have pages for clients in Austin and Houston.