“Those who do not move, do not notice their chains.” Rosa Luxemburg
IMMIGRATION EVALUATIONS
We provide Family Impact Statement reports for clients who require filing an I-601 Application for Waiver of Grounds on Inadmissibility before the USCIS. We have experience evaluating and writing supplemental reports for various types of waivers that require an evaluation of the extreme hardship to the applicant or qualifying relative(s) such as I-601, U-Visas, and VAWA.
We realize the important role that our evaluations play in each immigration case. We also realize that the agencies considering the waivers and the reports have limited time to review the client’s information. We write reports that are very thorough, case specific, and typically are between eight to fifteen pages. Importantly, our reports are not general or cookie-cutter statements about hardship. Our reports are written specific to the person/couple/family that we are evaluating. In fact, we pride ourselves on making each report as detailed as possible about the client’s life history.
Our reports are written in an easy-to-read linear fashion, including clearly defined factors that highlight the hardships and abuse. We work as a neutral third party hired directly by clients, though we welcome attorney participation on cases.
We approach each immigrant we evaluate with compassion, care, and empathy. While we may never fully understand what it is to experience the trauma events that you endured, we provide a welcoming, sensitive environment for you to share the experiences, fears, and concerns that are central to your case. While immigration evaluations aren’t therapy, many report that the process supports healing and recovery.
VAWA Evaluations- Violence Against Women Act Petitions
VAWA is an act that was passed by Congress in 1994. VAWA evaluations are used in cases where a person immigrates to the United States (often under a fiancee visa) and marries an American citizen. In cases where the American citizen is abusive to the immigrant spouse, the in the United States and victim can leave their abuser and petition US immigration to be allowed to stay in the United States and eventually receive a Green Card (permanent resident status) by proving that they are being abused by their American husband/wife as the victim. One thing VAWA did was create a special route to lawful immigration status for victims of domestic abuse who normally must rely on their abusers to file for status for them. VAWA self-petitioning allows victims of abuse who are close relatives of US citizens and lawful permanent residents to file for status on their own.
The way regular immigration law works is that if you are the spouse, child, or parent of a US citizen (USC) or the spouse or child of a lawful permanent resident (LPR), the USC or LPR relative must file a petition with the United States Citizenship and Immigration Service (USCIS) on your behalf for you to get legal status. That relative controls the process until you get your own lawful permanent residence (“green card”). VAWA changed that by allowing victims of abuse in this situation to get legal status without the participation or control of the abuser through a VAWA self-petition.
If you already have an immigration attorney for your VAWA petition, we will be happy to work with your attorney. If you do not have an attorney, we are happy to refer you to an attorney who is experienced with VAWA petitions.
Hardship Immigration Evaluations
Extreme Hardship Assessment for 601-Waiver, Cancellation of Removal for Deportation
Some types of immigration waivers can be granted only if the applicant can show that denial would result in “extreme hardship”.The “extreme hardship” must be to a qualifying immediate family member who is a U.S. citizen or lawful permanent resident (“green card” holder).Depending on the waiver being sought, a qualifying family member is usually defined as a spouse and, in most cases, a parent or child.
When an individual faces deportation, this can be a significant emotional and psychological hardship on their family. As mental health professionals, we evaluate and document in a report an explanation and description of the hardship to immigration professionals. We conduct in-depth immigration hardship assessments using both clinical interview and objective mental health tests and assessments to produce the best evidence to support your petition. We collaborate with immigration attorneys and if you do not have an attorney, we are happy to refer you to a lawyer that is experienced in immigration matters.
U-Visa Evaluations – Domestic Violence, Human Trafficking, Sexual Assault, etc.
If you have been the victim of a crime and are cooperating with law enforcement officials in the prosecution of the perpetrators, you may be eligible for a U-Visa. U-Visa Evaluations conducted by mental health professionals are used to document the type and extended of the psychological damage and distress you suffered as a result of your victimization.
Quick Turnaround Times
While great attention and care go into all of our Mental Health Immigration Evaluations, we strive to provide quick turnaround times. We are usually able to get you in for your first appointment within one week, and in most cases, your evaluation report will be completed in three weeks.
Some signs of abuse
Domestic violence can take many forms, including emotional, sexual and physical abuse and threats of abuse. Abuse by a partner can happen to anyone, but domestic violence is most often directed toward women. Domestic violence can happen in heterosexual and same-sex relationships.
Abusive relationships involve an imbalance of power and control. An abuser uses intimidating, hurtful words and behaviors to control a partner.
Often times we help educate people about what is abuse. It can take time to gain awareness and understand what is and was abuse. Abuse often times is not evident in the beginning of a relationship until later it becomes more evident that he just wanted to walk you home to start gaining control over you, not to protect you and you thought he was so nice to buy you a cell phone and that he cared to know where you were and what you were doing, only later to learn that he wanted to know where you were all of the time and by then he had gained so much control over your life you felt like you were losing your mind.
You may be experiencing domestic violence if you're in a relationship with someone who:
Calls you names, uses derogatory nicknames, insults you or puts you down
Humiliates, negates, and criticizes you
Prevents or discourages you from working, going school, seeing family members or friends or going to a Doctor
Assassinates your character (they say to you or others about you things like “You’re ‘always’ wrong, lying, on my back”
Tries to control how you spend money, where you go, what medicines you take or what you wear
Acts jealous or possessive or constantly accuses you of being unfaithful
Is patronizing
constant fighting
Making confusing and contradictory statements
Embarrasses you in front of others
Belittles your accomplishments
Threatens you with violence, vague unclear threats, or threatens to get you deported
Hits, kicks, shoves, slaps, chokes, pulls your hair or otherwise hurts you, your children or your pets
Forces you to have sex or engage in sexual acts against your will
Blames you for his or her violent behavior or tells you that you deserve it
monitoring your whereabouts
Threatens to tell friends, family, colleagues or community members your sexual orientation or gender identity
Spying on you, monitoring you,
Gaslighting (they deny that specific events ever happened to get you to doubt yourself)
Make all of the decisions
Control the finances, what you eat or wear, who you spend time with or how you spend your time,
Frequent outbursts, yelling
Stonewalling you (ignoring you)
Blaming you for their problems
Throwing objects, destroying your property, even if they say it was accidental
Minimizing and dismissing their abusive actions saying it wasn’t that bad and you overreacted or misunderstood
Threatening to leave you
Harming your pet or children
Driving erratically with you in the car
Often, the abuser will threaten the victim with deportation to keep her/him silent about the abuse.