Immigration & Trauma Evaluations

Hardship Waivers

A hardship waiver provides documentation of the extreme and exceptional hardship that a U.S. citizen or a legal permanent resident would face if the individual is deported from the United States. Individuals that could be affected by the deportation of that individual could be a spouse, fiancée, parent, or child. The U.S. Citizen files for a waiver stating the deportation would result in an extreme and exceptional hardship. A psychological evaluation for a hardship waiver provides an assessment of the impact on family members due to the deportation of the individual.


Violence Against Women Act (VAWA)

VAWA came into effect in 2000 to increase protection for battered individuals that were not citizens. In cases where there is spousal abuse, a woman or a man from a foreign country marries a citizen or a legal permanent resident of the United States. VAWA attempts to address the various barriers that battered individuals face when trying to leave abusive relationships. The immigrant/victim files for this petition if there is domestic violence or other forms of abuse that constitute extreme cruelty. VAWA allows the victim to be able to file independently for permanent residency. Psychological evaluations for individuals filing a petition for VAWA would conduct assessments of the nature and extent of the abuse and its impact on the individual.

U-Visa

The Victims of Trafficking and Violence Protection Act of 2000 created this type of visa to assist law enforcement agencies with the investigation and ability to prosecute crimes such as: domestic violence, sexual assault, human trafficking, female genital mutilation, and kidnapping. This list is not an exhaustive list. The U-Visa provides immigration protection to victims of the crimes. An applicant must demonstrate that they suffered significant physical and/mental abuse as a result of these crimes. In addition, they must demonstrate that they would be helpful to law enforcement for the investigation or prosecution of a crime and get certification from them. The psychological evaluation assesses the scope and extent of the physical, emotional, or mental and its consequences on the individual.

T-Visa

The Victims of Trafficking and Violence Protection Act of 2000 created this visa to protect individuals that have suffered extreme forms of human trafficking. Various forms of human trafficking have been identified including but not limited to using force, coercion for sex trafficking, or involuntary servitude, debt bondage, or slavery. It allows victims the opportunity to remain in the United States if they assist law enforcement individuals in the investigation or the prosecution of the traffickers. The psychological evaluation would assess the scope and extent of the trafficking and physical, emotional, or mental consequences on the individual.



Asylum

Individuals that file for asylum must meet the definition of refugee and must be physically present in the US or at a port of entry like a border crossing, airport, or a seaport. A refugee is defined as an individual that has left their country or last place of residence due to a well-founded fear of persecution. The well-founded fear of persecution needs to be established due to past acts, in the future, or both. There are different criteria for the fear of persecution that have been identified. The refugee fears they will be persecuted due to their race, religion, nationality, being part of a particular social group, or having certain political opinions. In addition, the individual is not able or willing to return to the country and they are not able to be protected by the country.

Individuals that file for asylum may have been victims of torture, severe abuse, have had threats against their life or freedom, confinement and imprisonment, and rape to list a few examples. These acts or threats of harm must have occurred in the individual’s country or last place of residence. In addition, the persecution must occur by the government or non-state actors that the government is not able or willing to control. The psychological evaluation gathers information about the persecution and assesses the mental, and emotional impact on the individual. The evaluation also identifies symptoms and psychological problems as a result of the abuse such as Post-Traumatic Stress Disorder (PTSD), severe forms of depression, and/or anxiety. Various assessments are used during the psychological evaluation to further assess the impact of the persecution on the individual and assess symptoms.

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