The United States Citizenship and Immigration Services (USCIS) requires that individuals applying for a hardship waiver (I601A) must present evidence that they would experience “extreme hardship” if their undocumented significant other is not allowed to remain in the U.S. The mere assertion of extreme hardship alone does not establish a credible claim. Individuals applying for a waiver of inadmissibility should provide sufficient evidence to support and substantiate assertions of extreme hardship to the qualifying relative(s), i.e., lawful permanent residents (LPRs) or U.S. citizens (whether through naturalization or birth). Dr. Jaime H. Cárcamo has over 20 years of expertise conducting Psychological Evaluations for Immigration proceedings, determining and stablishing extreme hardships, which may include mental health diagnoses, pre-existing mental health conditions, psychological vulnerabilities, trauma history, suicide risk, medical, developmental and learning disabilities, impaired work, social/academic functioning, financial difficulties, and country conditions.

To get a cancellation of removal (COR) case granted, an undocumented immigrant must prove that removal or deportation would result in an exceptional and extremely unusual hardship to a spouse, child, or parent who is a U.S. citizen or lawful permanent resident (LPR). This is a very high standard to meet. The Immigration Judge is aware that any separation from significant others will result in some sort of hardship/suffering. But how, in a removal case, is the hardship so unusual or substantial as to merit satisfying the standard? As in hardship waiver cases, there are many factors to consider. Dr. Cárcamo is an expert identifying factors that would strengthen the COR application, such as psychological, medical, social/educational, and country conditions.

If you find yourself in a situation where you are a victim of spousal, child, or parental abuse, you have the option to initiate an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions within the INA empower specific spouses, children, and parents of U.S. citizens, as well as certain spouses and children of permanent residents (Green Card holders), to file a petition independently, without the knowledge of the abuser. This crucial provision affords victims the opportunity to pursue safety and independence from their abusers without the latter being informed of the filing. Types of domestic violence may include, psychological, verbal, physical, sexual, and financial abuse. If you or someone you know is in need of immediate assistance, the National Domestic Violence Hotline is available at 1-800-799-7233 or 1-800-787-3224 (TDD). This hotline can provide valuable information on shelter options, mental health support, legal counsel, and various forms of aid, including guidance on the immigration status application process. For further resources and information, please visit the National Domestic Violence website.

The United States provides asylum for individuals in need of protection from persecution. Those who pursue refuge from outside the U.S. are typically categorized as refugees, while those seeking protection from within the country are referred to as asylum seekers. Asylum in the United States is contingent upon meeting two specific requirements. Firstly, asylum applicants must be physically present within the United States. Secondly, they must substantiate that they have endured persecution in their countries of origin due to at least one of the five protected grounds: (1) race, (2) religion, (3) nationality, (4) political opinion, or (5) membership in a particular social group. Additionally, an increasing number of cases involving domestic violence have come to the forefront, with asylum seekers often bearing the psychological scars of trauma, resulting in psychiatric conditions such as Post-traumatic Stress Disorder (PTSD), Major Depressive Disorder (MDD), Generalized Anxiety Disorder (GAD), and Panic Disorders. A comprehensive psychological evaluation is instrumental in elucidating the mental health ramifications of the abuse or persecution endured, and it also aids in assessing how these traumatic experiences may continue to affect the individual in the future.

The U-Visa is a nonimmigrant visa designated for individuals who have fallen victim to crimes within the United States, enduring significant mental or physical abuse as a result, and who are also willing to collaborate with law enforcement in the pursuit of justice against the criminal perpetrators. This visa serves as a vital instrument in affording protection to undocumented victims of crime, while concurrently strengthening the government's capacity to investigate and prosecute qualifying criminal activities that contravene U.S. criminal laws, encompassing offenses such as sexual crimes and felonious assaults.

In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is set aside for those who are or have been victims of human trafficking, protects victims of human trafficking, and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.

The concept of Competency to Stand Trial (CST) is a legal framework dating back to the 18th century, designed to guarantee that defendants possess the ability to actively engage in their legal proceedings. Notably, in 2011, the U.S. Supreme Court expanded this fundamental due process right to encompass immigration respondents embroiled in U.S. deportation proceedings, as demonstrated in the case of Matter of M-A-M-. Consequently, Immigration Judges increasingly seek the assistance of psychological experts to assess and address this crucial competency aspect.

The competency standard explores whether the respondent has:

1. Rational and factual understanding of:

o The nature and object of the proceedings.

o The right to present, examine, and object to evidence.

o The right to cross-examine witnesses.

o The right to appeal.

2. Sufficient present ability to:

o Exercise the rights listed above.

o Make informed decisions about whether to waive the rights listed above.

o Respond to the allegations in the proceedings.

o Present information and evidence relevant to eligibility for relief.

o Act upon instructions and information presented by the immigration judge and counsel.