Embedded Files
An immigration evaluation is a psychosocial assessment, completed by a licensed mental health provider, that can be used as evidence in immigration court. An evaluation can help immigration judges determine whether a person can remain in the United States lawfully and grant certain protections or benefits.
The immigration system and legal proceedings can be confusing, scary, or overwhelming. They can feel even more difficult to navigate if you have experienced trauma, have a lack of support, or do not have access to specific resources.
An evaluation is not therapy, but my priority is still to create an environment of trust and safety to complete the most comprehensive assessment possible. I provide evaluations for the following types of immigration cases.
*** If you have legal questions, consult with your immigration attorney. ***
Extreme Hardship Waiver (I-601 or I-601 A)
Extreme Hardship Waiver (I-601 or I-601 A)
A U.S. Citizen (USC) or Lawful Permanent Resident (LPR) can petition for a family member (applicant) to become a Permanent Resident. However, the family member may not qualify if they have been previously deported or remained in the United States unlawfully. As a penalty, the applicant is required to leave the United States for up to 10 years before applying for a visa again. The petitioner (USC or LPR) can become a qualifying relative to file for an extreme hardship waiver to overcome the grounds of inadmissibility of the applicant.
The qualifying relative (USC or LPR) can be a spouse, a parent, or an adult child. This person will be who I evaluate to determine how they will be affected if their family member leaves the United States.
Cancellation of Removal (Deportation)
Cancellation of Removal (Deportation)
In cases where a family member is in removal proceedings, the removal can be cancelled if a qualifying relative (U.S. Citizen or Legal Permanent Resident) can demonstrate that the removal will cause them extreme hardship. A qualifying relative can be a spouse, parent, or child regardless of age. The qualifying relative is who I will evaluate to determine how they will be impacted if their family member is deported.
Asylum
Asylum
A person (or refugee) who comes to the United States seeking protection from persecution or fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion, can file for asylum within 1 year of their arrival to the United States. The 1-Year Bar may be waived if the person is a child, circumstances in the person's home country changed (which put the person at risk), or extraordinary circumstances were present, like ineffective counsel, or illness or disability.
An evaluation can demonstrate how the person was affected by the persecution. An evaluation can also help in situations where a person's mental health created difficulties in being able to file within the year of arrival.
Withholding of Removal
A person who is denied asylum may instead be eligible for Withholding of Removal which grants them protection from being returned to their home country. A person who was previously deported and re-entered the United States seeking protection can also be eligible for Withholding of Removal. An evaluation can demonstrate how the person may be affected if they are returned to their home country.
Convention Against Torture (CAT)
CAT is an international human rights treaty adopted by the United Nations to prevent torture and other cruel or inhuman treatment around the world. The United States, and countries who have signed the treaty, agree to not return or extradite a person to a country where they would be tortured. An evaluation can help demonstrate the trauma that a person underwent in their home country.
VAWA (Violence Against Women Act)
VAWA (Violence Against Women Act)
VAWA applies to persons of all genders. Under VAWA, a person may self-petition for permanent residency if they are a victim of abuse committed by:
their spouse (or former spouse) who is a U.S. Citizen or Legal Permanent Resident
their parent who is a U.S. Citizen or Legal Permanent Resident
their son or daughter who is a U.S. Citizen.
Battered undocumented immigrants often will not report their abuse due to fear of deportation, or because their status is used in threats and as a form of control. An evaluation can help demonstrate the mental harm the victim experienced due to the abuse.
U-Visa
U-Visa
A person is eligible for a U-Visa if they meet the following requirements:
they were a victim of a serious crime that occurred in the United States
they suffered physical or mental abuse as a result of being a victim
they are willing to cooperate with law enforcement in the criminal investigation or prosecution of the crime
An evaluation can help demonstrate the mental harm the victim experienced because of the crime.
T-Visa
T-Visa
A person is eligible for a T-Visa if they meet the following requirements:
they are a victim of human trafficking or attempted trafficking (Trafficking includes labor and sex trafficking)
they are in the United States or at a port of entry due to the trafficking
they cooperate with law enforcement in the investigation or prosecution of the human trafficking (unless they are minors or are unable to cooperate due to physical or psychological trauma)
they would suffer extreme hardship if they are removed from the United States
An evaluation can help demonstrate the mental harm the victim experienced because of the trafficking, and the impact they may experience if they are removed from the United States
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