EVALUATIONS

Extreme Hardship Evaluations for Immigration
(I-601 and I-601A)

This situation applies when a U.S. citizen (USC) or lawful permanent resident (LPR) of the United States is the spouse, parent, or child of an individual who may be deported from the US. If this occurs, the US citizen or legal permanent resident might experience extreme hardship. 

This evaluation is crucial because it determines: 1) the US Citizen’s or Lawful Permanent Resident’s current psychological state, and 2) The level of hardship and emotional impact they would experience if their immigrant family member was not allowed to remain in the United States and/or hardship the USC or LPR would experience if he/she has to relocate with their immigrant family member to another country to remain with them.

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

Asylum

This situation applies when the foreign individual has been exposed to violence, harassment, extreme deprivation, mistreatment, severe abuse, and/or torture in their home country. Frequently, these situations are associated with political beliefs, religious affiliation, ethnicity, or gender differences. At some point, the individual flees his/her country to the United States and files a Political Asylum claim.

The evaluation will assess the extent and severity of the traumatic experience and the long-lasting psychological ramifications of the trauma. Additionally, the evaluation assesses whether the individual continues to suffer from psychological symptoms after his/her arrival to the US. 

(VAWA) (Violence Against Women Act)

The Federal Violence Against Women Act (VAWA) provides immigration benefits for individuals (of all genders) who have suffered substantial harm and/or abuse at the hands of US citizens or LPR spouses.

In these cases, the evaluation assesses the quality and extent of the spousal abuse, its frequency, and the emotional impact that the domestic violence or the abuse has had on the individual. The evaluation also assesses the client’s current mental state, the impact on emotional adjustment, social and family functioning, and mental health diagnostic impressions.

VAWA allows the abused spouse (victim) to file for permanent residency (Green Card) without the spouse’s consent, help, support, or participation. 

U- Visa

This situation applies when the immigrant has been a victim of violence or serious crime in the United States. Such crimes may include rape, domestic violence, and sexual exploitation, and kidnapping.

In these cases, the evaluation assesses the psychological effects of a serious crime and the extent of physical, mental, or emotional consequences that result from exposure to the crime.

An applicant for a U-Visa has to be willing to assist law enforcement in the investigation and/or with the prosecution of the criminal.

T- VISA

In a T- Visa case, the evaluation assesses the psychological and emotional impact of having been a victim of human trafficking. The VISA enables victims to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of Sex Trafficking or Labor Trafficking.