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Seeking asylum in the United States can add to the heightened stress experienced by applicants. Psychological asylum evaluations can provide essential information about the reasons for fleeing their home country, experiences of persecution in their home country, and fears of future persecution. This information helps the court to make informed decisions and better understand the Applicant's psychological state of mind and reasons for seeking asylum.
In Cancellation of Removal cases, an undocumented person must show that their removal from the U.S. would cause an exceptional and extremely unusual hardship to their spouse, parent, or child who is a citizen of the United States (Myers, 2020). In these proceedings, undocumented individuals request to an immigration judge that they adjust their status from deportable status to lawful admission to the United States. Psychological evaluations help inform the court about the extreme hardship separating the client would have upon a U.S. Citizen or permanent resident.
In Extreme hardship waivers (601 waivers), the court may establish an exception for the removal of an undocumented applicant if the legal citizen (qualifying relative) would suffer extreme hardship if the person were deported (Myers, 2020). A psychological evaluation can provide robust information to substantiate extreme hardship cases and help document the impact of separation on the Applicant and their family beyond what would be generally expected.
The Violence Against Women Act (VAWA) is a federal law seeking to protect victims of domestic violence and who are seeking immigration relief in the United States. VAWA allows those who have experienced spousal abuse and domestic violence to apply for legal status. A psychological evaluation is helpful in these cases to assess the psychological impact of the abuse or violence on the individual seeking relief under VAWA.
Victims of serious crimes may be eligible for U Visas. A U Visa is a nonimmigrant status visa for victims of crimes who have experienced significant psychological or physical abuse and who are willing to help law enforcement investigate and prosecute illicit or criminal activity. Psychological evaluations in U Visa cases help document the significant physical or psychological abuse resulting from being the victim of a severe crime.
Victims of human trafficking may also be eligible for T Visas. Psychological evaluations may help document the psychological and physical trauma experienced as a result of having been the victim of human trafficking.
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