Immigration Evaluations

Extreme Hardship Waivers are given to immigrants who have remained in the United States without permission. The application is submitted by a family member that is a legal U.S. Citizen or a lawful permanent resident of the United States that would experience extreme psychological hardship if they were separated from or forced to relocate with the non-citizen immigrant.

It’s important to remember that the deportation will cause hardship to the family (e.g., spouse, children, or parents) rather than to the individual that may be deported.

The negative impact of deportation such as job loss or separation of parents from small children are considered “typical” hardships in the eyes of the court.

The court considers a hardship to be “extreme” only if the impact on the family is unusual or beyond what would be normally expected from deportation.

Here are some examples of situations that are considered “extreme”:

-A family member has a major medical issue and can’t safely travel abroad, making it necessary for the individual to remain in the U.S. to care for the family member.

-An individual’s parents are aging and require the person to stay in the U.S. to care for them.

-An individual is a primary breadwinner in the family and their deportation will cause extreme financial hardship for the family.

-The individual’s children are far along in their education in the U.S. and are unable to speak, read, or write in the language of the foreign country. Leaving the U.S. might permanently prevent them from completing their education.

-If one parent has to leave the U.S., it can cause the child that is left behind to develop separation anxiety. In some cases, young children who lack the emotional maturity to understand why a parent might have to leave the U.S. might also develop a depressive disorder.

-If the court finds that there will be extreme or exceptional hardship on the U.S. citizen or resident, the deportation order may be canceled, and legal permanent residence may be granted.

Asylum is an application that must be completed with your lawyer within one year of arriving to the U.S. if you seek protection for yourself (including your spouse and children) due to suffering or thinking you might suffer persecution in your country of origin were you to return. The types of persecution suffered could be related to race, religion, nationality, being a member of a social group, and/or due to having a political opinion.

In these cases, they are seeking asylum or safety from their country of origin within the U.S.

It is not uncommon for individuals to develop depressive disorders or Post-Traumatic Stress Disorder as a result of the abuse or mistreatment they endured in their country.

A psychological evaluation will establish the mental health consequences of prior abuse or persecution. An evaluation will also help determine how the abuse or persecution will continue to impact the individual in the future.

Violence Against Women Act (VAWA) provides non-citizen immigrants, regardless of gender, with a U.S. citizen or Permanent Resident spouse, children, or parent to file a petition to remain in the United States without the abuser’s knowledge. The non-citizen immigrant must provide factual information (i.e., police report) that proves the suffering of the violence and domestic abuse.

If an individual is undocumented, married to a U.S. citizen, and they are victims of domestic abuse, they may be eligible for permanent residency in the U.S.

A psychological evaluation will help establish the psychological impact that the verbal, physical, or sexual abuse had on the individual.

In these cases, an individual is requested to be waived from taking the U.S. citizenship examination due to cognitive deficits.

Conditions that can cause cognitive deficits include dementia, traumatic brain injury, learning disabilities, or an intellectual disability.

An individual can be evaluated to determine if their claims are valid and the extent to which their cognitive impairment will impact their ability to take the examination.

Individuals petitioning for a waiver under DACA can be denied if they have a serious criminal conviction (e.g., domestic violence).

A psychological evaluation can help determine if their actions and behavior were due to a mental disorder, abuse, or other cognitive deficit.

U-Visa is a non-immigrant visa given to victims of a crime (and their immediate family members) while in the United States.

T-Visa is specifically for victims of human trafficking crimes. The undocumented individual is also willing to work together with law enforcement and the government with the investigation process of the criminal activity that caused them physical or mental suffering. U.S. authorities protect the victim during this process.