Immigration evaluations-what to expect

In this case the legal US citizen (spouse, fiancée, parent, child or ‘green card’ holder) would suffer ‘exceptional hardship’ if you had to return to your home country for two years, OR if the legal U.S. citizen left the U.S. to stay with you in your country. Other viable types of exceptional hardship can be psychological, social, cultural, economic, educational, career-related, political, religious, or due to compulsory military service, or medical. Or there may be a business in the U.S. that would fail if you were not present, or your dependent family might not be able to pursue their profession if they were to follow you home.

Clinical Evaluation Goal: The purpose of the psychological evaluation is to assess and understand any and all hardships that any and all relevant family members would face if the waiver were not granted. Specifically, the information obtained in this evaluation is used to answer two main questions:

• Would deportation of the immigrant pose an extreme and unusual hardship to the relative in question?
• Would it be an extreme and unusual hardship for the lawful-resident relative to accompany the immigrant back to his or her home country in case they are deported?

The professional opinion rendered in a psychological evaluation greatly strengthens the case, and without it, the applicant would have to explain the hardship in his or her own words.

 Applicants petitioning for political asylum often have been exposed to extreme deprivation, severe abuse, and possibly even torture in their home country. Frequently, these mistreatments are related to a political, religious, and/or ethnic persecution. Living your life in your home country becomes sufficiently intolerable or painful, that the individual flees his or her country to the United States and files a political asylum claim.

Clinical Evaluation Goal: The purpose of an immigration evaluation in asylum cases is to collect information about this mistreatment and to examine the psychological impact that these circumstances have had on the immigrant. It is most common that the individual has developed psychological problems as a result of the abuse, such as Post-Traumatic Stress Disorders (PTSD), severe anxiety, and/or depression.

If your immigration case involves is political asylum, it is important to assess the extent and severity of your original trauma, whether you continue to suffer from psychological symptoms after your arrival in the U.S., and how long-lasting the psychological ramifications could be.

In addition to the legal aid you are receiving, an immigration evaluation therapist can help you communicate and document the mental health aspects of your case.

 Despite the name of this act, the VAWA immigration provisions include women and men. In spousal abuse cases, a person from a foreign country is married to a citizen or a legal permanent U.S. resident. After the marriage, the immigrant claims domestic abuse and seeks to file for legal status separately from their U.S. citizen spouse, usually because the U.S. citizen doesn’t wish to assist his/her spouse in this process. Even if the marriage ends in divorce, a VAWA petition can be filed, as long as there was a connection between the divorce and domestic violence and/or abuse. The abuse can take a variety of forms and must constitute extreme cruelty. “Extreme cruelty” includes, but is not limited to, verbal threats of violence, forceful detention, psychological abuse, sexual abuse, exploitation, rape, molestation, incest (if the victim is a minor), and forced prostitution.

Clinical Evaluation Goal: In these cases, it is important for the therapist to evaluate the scope and nature of the abuse, the practical ramifications, and the emotional impact that the abuse has had on you. In the safety of the evaluation process, you can talk about the painful ordeal and its adverse impact on your life and your emotional well-being. This process can be of tremendous help in empowering the victims and promote the healing process far beyond the resolution of their immigration case.

 U-Visa gives legal status to immigrants, including undocumented immigrants, who have been victims of serious crimes in the United States. Examples of some of these crimes include, but are not limited to, sexual abuse, domestic violence, involuntary servitude, sexual exploitation, kidnapping, trafficking, and rape. With a U-Visa, the immigrant may stay and work in the U.S for up to four years. After three years, however, a victim with a U-Visa may apply for a green card.

Clinical Evaluation Goal: The goal of the psychological evaluation is to assess the extent of serious physical, mental, or emotional consequences of the experience. An applicant for a U-Visa has to be willing to assist the police and/or District Attorney’s Office in the investigation and/or with the prosecution of the criminal.

How to apply: 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.

The human trafficking visa:

The human trafficking visa, also known as the T nonimmigrant visa, is specifically for victims of human trafficking. This includes people who have been subjected to:

• Sex trafficking
• Forced labor
• Involuntary servitude
• Slavery
• Debt bondage

To be eligible for the human trafficking visa, you must:

• Be currently residing in the United States or be present in the United States when you apply for the visa
• Be willing to assist in the investigation or prosecution of human trafficking cases
• Have been a victim of human trafficking in the United States

If you are under the age of 18, you may still be eligible for the human trafficking visa if you meet the above criteria.

Who isn’t eligible for the human trafficking visa?

You may not be eligible for the human trafficking visa if you:

• Have been convicted of a crime in the United States
• Are deemed by the US government to be a danger to the community
• Are inadmissible to the United States for other reasons

Some reasons that immigrants are inadmissible to the United States include having a communicable disease, being a drug addict, or having been convicted of certain crimes.

What are the benefits of the human trafficking visa?

If you are granted a human trafficking visa, you will be allowed to live and work in the United States for up to four years. You may also be eligible to apply for a green card after three years.

Additionally, the human trafficking visa allows you to access certain benefits and services, such as:

• Social service benefits, including housing assistance
• Medical benefits, like mental health counselling
• Legal benefits, like help with filing for a restraining order
• These benefits can help you get back on your feet and start rebuilding your life after being a victim of human trafficking.

Applying for the human trafficking visa:

To apply for the human trafficking visa, you will need to submit a completed I-914 form. You will also need to provide evidence that you have been a victim of human trafficking, such as police reports or medical records.

Once your application is submitted, USCIS will review your case and determine whether you are eligible for the human trafficking visa. If your application is approved, you will be granted a T nonimmigrant status and will be allowed to live and work in the United States for up to four years.

After you have been granted a T nonimmigrant status, you may be eligible to apply for a green card. This will allow you to live and work in the United States permanently.

If you have any questions about the human trafficking visa or the application process, you should get in touch with an experienced immigration attorney who can advise you on your specific case.