Extreme hardship cases are one instance in which a psychological evaluation may be necessary.  This means that if an individual were to be deported, it would be an extreme hardship for their family.  Examples of this would include someone caring for a family member with a major medical issue or caring for elderly parents.  The psychological evaluation would be completed to help show why, and how family members would be affected by the individual’s deportation.

A USA Citizen or Resident can apply for an immigration waiver for a qualifying relative. It is critical for the applicant to prove that the removal or deportation of the qualifying relative will cause “Extreme Hardship” to the USA Citizen or Resident. Qualifying relatives can include spouses, children, parents, and same-sex spouses (under the Defense of Marriage Act – DOMA).

Factors that can help support the case of “Extreme Hardship” to a USA Citizen or Resident can include family separation, economic and financial detriment, mental health and medical conditions, safety and foreign country environment, difficulties adjusting to life in a new country, lack of proper educational and medical resources, etc.

A psychological evaluation often helps support and strengthen the case when claiming Extreme Hardship. As part of the evaluation, a thorough interview to gather relevant historic and current events and conditions is included together with multiple psychological instruments and tests. This process helps assess the impact of the different hardships that apply to each case. The psychological evaluation helps in showing the hardships that might be associated with the applicant’s ability to move to another country or to stay in the USA without the foreigner.

The hardship waiver evaluation can apply to: Form I-601 and I-601(a) waivers of deportation: INA 212 and 216 waivers of inadmissibility for certain crimes, fraud, misrepresentations; fiancée visa (to show reasons preventing the couple from having met in the last 2 years); and, battered spouse, self-petitioner. Please advise your immigration lawyer regarding immigration legal matters.

Asylum refers to the protection that the United States government provides to people who have been persecuted in their home countries due to their race, religion, nationality, political opinion, or membership in a particular social group. If you are granted asylum, you will be allowed to live and work in the United States indefinitely. A psychological evaluation would show the mental health consequences of the abuse and how further abuse would impact you in the future if you were to be deported.

In order to be eligible for an asylum visa, you must meet the following criteria:

-You must be able to show that you have been persecuted in the past or have a well-founded fear of persecution in the future.

-The persecution must be based on one of the following grounds: race, religion, nationality, political opinion, or membership in a particular social group.

-You must be unable or unwilling to return to your home country because of the persecution.

-You must be physically present in the United States when you apply for asylum.

*Please consult with a qualified immigration lawyer for further information regarding applying for an Asylum-Visa.

The Violence Against Women Act (VAWA) allows men or women who have been abused by their US citizen spouse to remain in the country without having to remain in the marriage.  In this case, a psych evaluation would help establish the psychological impact of the spousal abuse, thereby making them eligible for immigration benefits under VAWA. 

Many of our clients are victims of domestic violence who are looking for a way to get their permanent residency in the United States. This visa allows the abused spouse of a U.S. citizen or lawful permanent resident to self-petition for a green card without the knowledge of the abuser. It is a vital tool in helping these victims escape abusive situations.

 If you are a victim of domestic violence, you may be eligible to file for a “green card” under the Violence Against Women Act (VAWA).

What is the VAWA Visa?

The Violence Against Women Act (VAWA) is a law passed in 1994 to help protect victims of domestic violence. The VAWA green card allows certain spouses, children, parents of U.S. citizens, and permanent residents to get their green card without the abuser’s knowledge or consent. 

This is important because it allows victims of abuse to get away from their abusers and start new lives without worrying about being deported back to their home country. 

To be eligible for a VAWA green card, you must be able to prove that you have been a victim of domestic violence by your U.S. citizen or permanent resident spouse, parent, or child. The application process for this visa can be complex, and it can take several months to get approved.

Who can apply for a VAWA Visa?

The VAWA green card is available to spouses, children, and parents of U.S. citizens and permanent residents who have been victims of domestic violence.

To be eligible, you must prove that you have been a victim of abuse by your U.S. citizen or permanent resident spouse, parent, or child. Accepted forms of evidence include police reports, hospital records, and restraining orders. 

You’re eligible to self-petition under VAWA if:

• you’re an abused spouse of a US citizen or legal permanent resident
• you’re an abused child of a US citizen or lawful permanent resident
• you’re a spouse of a US citizen or lawful permanent resident, and your children are being abused

 *Please consult with a qualified immigration lawyer for further information regarding applying for a VAWA Visa.

The U-Visa is a United States non-immigrant visa that is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. U-Visa’s permits such victims to enter or remain in the US when they might not otherwise be able to do so. 

What is a U-Visa?

A U-Visa is a nonimmigrant visa that allows victims of certain crimes who have cooperated with law enforcement to remain in the United States for up to four years. The visa also provides work authorization and some other benefits.

Some of the benefits of having a U-visa include:

-Being able to work in the United States

– Being able to travel in and out of the United States

– Protection from deportation

– Access to certain government benefits

Who is eligible for a U-Visa?

To be eligible for a U-Visa, you must meet the following criteria:

– You must have been the victim of a qualifying crime.  Qualifying crimes include, but are not limited to, domestic violence, sexual assault, trafficking, and kidnapping.

– You must have cooperated with law enforcement in the investigation or prosecution of that crime.

– As a result of your cooperation, you must have suffered substantial mental or physical abuse.

You need to supply law enforcement with a signed certification attesting to your helpfulness in the investigation or prosecution of the crime. This certification is also known as Form I-918, Supplement B.

*Please consult with a qualified immigration lawyer for further information regarding applying for a U-Visa.

Every day, people around the world are subjected to various types of human trafficking. This includes being transported and forced into labor or sexual exploitation. The US has a visa specifically for victims of human trafficking, which can provide them with safety and assistance.

If you or someone you know is a victim of human trafficking, here’s what you need to know about applying for the US Human Trafficking visa also known as T-Visa.

A psychological evaluation often helps support and strengthen the case when claiming a T-Visa. As part of the evaluation, a thorough interview to gather relevant historic and current events and conditions is included together with multiple psychological instruments and tests. This process helps assess the impact of the different traumatic events that apply to each case.

*Please consult with a qualified immigration lawyer for further information regarding applying for a T-Visa.

What to Expect in a Psychological Immigration Evaluation Assessment:

• Two 1-Hour clinical interviews with you and possibly close members of your family. The interview will help us understand and document your important psychological, medical, and social background information, and your current cognitive and psychological functioning to strengthen your immigration case.
• Personal consultation with your immigration attorney to determine the type of immigration waiver that will be best suited for your case.
• If needed, a thorough review of your medical, psychological, and other collateral documentation that would help us have a better understanding of your psychological and emotional functioning.
• Provide you with psychological tests to objectively assess for mental health diagnoses and/or cognitive impairments.These psychological assessments will assess for:
  • General intellectual abilities
  • Higher level executive skills such as reasoning and problem solving
  • Attention and concentration
  • Memory impairment
  • Mood and personality disorders
  • Psychological diagnoses
• Upon completion of the psychological evaluation, a thorough and comprehensive report will be provided to your immigration attorney to accompany your immigration application.