Yìchén is a 33-year-old man from China who came to the U.S. four years ago. He studied English growing up and immigrated to the States to explore the benefits of living in a democracy. In addition to more autonomy, Yìchén found love.
He met his wife, Li, soon after his arrival. Li is a United States citizen who grew up in California. The couple began dating and quickly fell in love. They married after two years and currently live in the Bay Area.
Yìchén and Li have a wonderful relationship, but like any couple, they have their struggles. First, Yichen’s status in the U.S. is uncertain. In fact, Yìchén is currently facing removal proceedings because he overstayed his initial visa. Second, Li has multiple sclerosis. Over the last few years, she has been experiencing increased symptoms. Mobility is an issue at times. As a result, her level of functioning has decreased.
In addition to concerns about being forced to leave the country, Yìchén is worried about being separated from his wife. While any couple might experience distress around potential separation, the case with Yìchén and Li is more complex. Yìchén plays a significant role in his wife’s day-to-day functioning. He drives Li to her doctor’s appointments, often multiple times per week. He also keeps their household afloat, managing chores and responsibilities especially when her symptoms flare up. The couple fears that if Yìchén were forced to return to China, Li would be left alone to manage her care and without the necessary resources that Yìchén can provide. Even outside of these logistical concerns, her emotional health could deteriorate in the absence of her primary support, which could in turn impact her physical health.
Family and friends have encouraged Yìchén to bring Li to China with him if he is indeed forced to leave the U.S. That way, the couple wouldn’t have to be separated. But Li wouldn’t be able to receive the same type of medical care abroad, and she would have to leave her established care team. Additionally, she would be forced to leave her familiar environment and her community, an additional support for her. And since she was born in the U.S., Li would face significant cultural and language barriers if she needed to move abroad. Trying to navigate medical and social support in another country would add other layers of stress for her. So Yìchén bringing Li back to China isn’t the answer for the couple either.
As a result of these challenges, Yìchén is applying for an extreme hardship waiver in order to remain in the U.S. and provide important resources and support for his citizen wife. As part of this application, his wife Li is evaluated by a mental health professional to document that she requires specialized treatment in the U.S., that having to move abroad would create a significant hardship for her, and that Yìchén’s presence is critical to her physical and mental health.
The goal of the evaluation is to document signs and symptoms of trauma, anxiety, depression, and other mental health diagnoses that Li might be experiencing. One of the primary functions of the assessment is to explore the impact that being separated from the immigrant for a prolonged period of time could have on an individual’s health and well-being.
At Gatewell, we offer comprehensive immigration evaluations*, including asylum, VAWA, U-Visa/T-Visa, and these extreme hardship waiver evaluations. Our process includes several hours of assessment, relying on both interview and self-report components. We get a detailed history and understanding of an individual’s current symptomatology and functioning. Following the assessment, we provide a comprehensive report that can support an extreme hardship waiver. With our evaluations, immigrants like Yìchén have a greater chance of being able to remain in the United States alongside their loved ones. With stakes so high, and because they were already investing so much to keep Yìchén in the U.S., it made sense for Li to undergo this evaluation in order to give Yìchén’s case the best chance for success.
*We are currently able to complete immigration evaluations in person in our Coral Gables, New York, and Greenwich, CT offices and via Zoom for those located in the following states: Alabama, Arizona, Arkansas,California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.