In today’s political climate, extreme hardship evaluations for deportation waivers are more crucial than ever. That’s why I, Seth Hirsch, Ph.D., have developed this website to introduce interested readers to this legal concept and offer guidance on avoiding deportation.

An immigration judge’s decision to grant an extreme hardship waiver is discretionary and based on the merits of each case. Two primary considerations include the individual’s character and the potential extreme hardship that deportation would impose on qualifying relatives (such as citizen or permanent resident spouses, parents, or children).

Assessing the individual’s character involves evaluating their legal history, community involvement, work record, family connections, and any other pertinent documentation that highlights their contribution to American society.

Furthermore, the immigration judge examines how deportation would cause extreme hardship beyond mere family separation or financial difficulties. Extreme hardship is determined when the physical or mental health of qualifying relatives is at risk, or when uprooting would severely disrupt and devastate their lives. Professional opinions, such as psychiatric or psychological evaluations, are invaluable in helping the judge make an informed decision. These evaluations assess the impact on the existing family structure and the environment to which the deportee would return.

Mental health professionals evaluate both the individual facing deportation and their qualifying relatives through thorough historical probing, psycho-diagnostic testing, mental status examinations, and relevant documentation. This comprehensive approach aids the immigration judge in understanding the potential consequences of deportation, particularly concerning children who are qualifying relatives.