After the overturn of the Defense of Marriage Act (DOMA), same sex couples may use psychological evaluations to help demonstrate the spouse is the primary caregiver of a U.S. Citizen and help demonstrate the adverse effects of deportation on the American citizen.
An eligible citizen or resident of the United States (Applicant) may suffer extreme hardship or exceptional and extremely unusual hardship upon separation from a relative (Alien) or upon relocation abroad to be with the Alien.
The psychological evaluation explores and documents hardships that impair the Applicant’s ability to move to another country and issues that impair the Applicant’s ability to reside in the United States without the foreigner. A psychological evaluation documents hardships, which may include mental health diagnoses, medical complications, impaired work and social functioning, and financial difficulties.
Guided by case-law and legal standards, we identify hardships within numerous categories (e.g., finances, housing, medical needs, academic issues, suicide risk, country conditions, etc.). Then, we assess the impact these hardships have on emotional and social adjustment. All evaluations include an assessment of abuse and trauma, as these are risk factors for emotional hardship, and it helps establish the severity and longstanding nature of the mental health issues. A history of trauma and/or pre-existing mental health conditions help document that the person has mental health vulnerabilities that are NOT relate to the immigration problems.