Types of Immigration Evaluations
Extreme Hardship Waiver & Cancellation of Removal
These evaluations focus on a United States Citizen (USC) or Legal Permanent Resident (LPR) who may suffer extreme hardship if an undocumented family member of theirs is at risk of having to leave the country; or, conversely, if the citizen or resident would experience extreme hardship were they to relocate abroad with their family member. The assessment is focused on the "qualifying relative" (USC or LPR) and the potential hardship they may face. This evaluation can document various factors relevant to "extreme hardship," including severe psychological distress, negative financial impact or loss of career, lack of assistance with medical conditions, caring for children with specialized academic or mental health needs, and any other unique factors in the client's life. This evaluation will provide education on the psychological impact of separation for spouses and children, as well as identifying any potential risks.
Case Example:
A man named Jose is inquiring about an immigration evaluation. He shared that his lawyer wants him and his wife to talk to a psychologist. Jose stated that he is a citizen and his wife is from El Salvador. They are working with a lawyer to try and get Jose's wife papers, because she is currently undocumented. This would be an Extreme Hardship Waiver case and Jose would be interviewed, detailing the hardship and distress he would experience if his wife were forced to leave the country, or if Jose had to relocate to El Salvador with his wife.
Asylum
Asylum seekers are people who have fled their home country due to a well-founded fear of persecution should they return. They have typically experienced mistreatment, abuse, or trauma in their country of origin. The impact of these experiences may result in mental health disorders such as Posttraumatic Stress Disorder, Major Depressive Disorder, or Generalized Anxiety Disorder.
A psychological evaluation can help document these symptoms and the "invisible scars" of the trauma. An assessment can also explain psychological reasons why a client missed the one-year filing deadline.
Violence Against Women Act
The Violence Against Women Act (VAWA) was introduced in 1994. Part of this Act provides special protection to non-citizen spouses and children who have suffered abuse at the hands of a United States Citizen (USC) or Legal Permanent Resident (LPR). This Act protects not only women, but people of any gender as well as children who have been victims of violence perpetrated by a citizen or resident. The immigrant victim of domestic violence can "self-petition" for a green card through this process. This evaluation focuses on assessments related to domestic violence and trauma-related symptoms, as well as trauma-informed interviews.
Case Example:
Lisa is married to a US Citizen and is experiencing verbal and physical abuse from her husband. Her husband makes comments like, "You can't go to the police. You don't have papers. They'll deport you. If you talk to anyone about this, I'll call the court and report you to immigration." Lisa can self-petition the court, independent of her husband, for a green card under the Violence Against Women Act.
U-Visas & T-Visas
U-Visa Petitions are intended to protect undocumented immigrants who are victims of crimes. This person has to show they have been helpful to law enforcement in the investigation or prosecution of criminal activity, and that they have experienced substantial mental or physical abuse. "Qualifying crimes" include felonious assault, domestic violence, extortion, murder, sexual assault, trafficking, and more.
Case Example:
Omar entered the United States five years ago with a tourist visa. After the visa expired, Omar was the victim of a violent robbery. He was able to help law enforcement by describing the perpetrator and may be eligible for a U-Visa.
T-Visas provides immigration status for victims of human tracking.
