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same sex coupleSame-Sex Couples(gays, lesbians) and other members of the LGBTQ community can apply for a hardship waiver, which is a request to grant a waiver of inadmissibility due to extreme hardship.  An immigration psychological evaluation assesses the extend of the hardships, including the emotional hardships.

The qualifying member of the same-sex couple undergoes the immigration psychological evaluation.  The evaluation explores the nature and severity of the hardships. The evaluation may include documenting the psychological symptoms and difficulties experienced by the individual as a result of the hardship, as well as the potential long-term effects of the hardship on the individual’s mental health and well-being.

Immigration psychologists working with same-sex couples should have insight into the needs and challenges that LGBTQ individuals face.  Such challenges may include unique threats to the safety and civil liberties of LGBTQ individuals.

Immigration psychologists are retained at the request of the immigration attorney who is handling the immigration case.  Not all cases require the expertise of an immigration psychologist.

An immigration psychologist serves as an independent medical examiner who has expertise in the psycho-legal issues that are relevant to the case.  Immigration psychologists must avoid dual relationships that could compromise independence of opinion or could place the psychologist in conflicting roles[1][2]. For example, the immigration psychologist cannot be the therapist of the client being evaluated for a legal case because therapists must advocate for their client’s welfare while immigration psychologists must maintain a role of independent medical examiner who is objective in answering psycho-legal questions relevant to the case.

Immigration psychologists must understand rules of admissibility to determine whether the testing and procedures used are valid and reliable enough to stand the scrutiny of the court and other experts.  Immigration psychologists must understand how to provide testimony as required by the case.

Immigration psychologists and Immigration Attorneys have a working relationship that must protect the independence of opinion and the objectivity of each professional.

Immigration Psychology, Inc. has Florida immigration psychologists, North Carolina immigration psychologists, South Carolina immigration psychologists, and experts in other states.  Contact us or by phone at 877-297-5952 , 305-456-4147 or 407-690-7129.


Johanna W. Guerrero, Ph.D.

Licensed Psychologist



[1] APA Professional Practice Guidelines

[2] Specialty Guidelines For Forensic Psychology