ABSTRACT

In certain circumstances, immigration waivers allow a noncitizen or foreign national who has been deemed inadmissible to have the grounds of inadmissibility waived. This chapter describes the different grounds of inadmissibility, which bars to admissibility can be waived, the legal standards for determining a “qualifying relative,” the most common factors adjudicators take into consideration when granting these waivers, and what constitutes “extreme hardship.” Special focus is on the role of the mental health professional, the psycholegal question, how to conduct a thorough evaluation, and what factors to consider when determining the appropriate use of psychological tools for diverse populations.