How can a Hardship Evaluation help you gain legal status in the US?
An immigration hardship evaluation is a process used to assess the potential adverse impacts that the deportation or removal of an individual from a country could have on their family members, particularly when those family members are U.S. citizens or lawful permanent residents.
This evaluation is often used in immigration cases to demonstrate that the removal of a non-citizen would cause significant hardship to their qualifying family members, which might warrant special consideration in the immigration process.
“Hardship” means that if their helper was not present, it would make it difficult for that family member to live – go to school, get the help they need, take medications they need, get to doctor appointments, etc.
Decision-makers in immigration cases have the responsibility to weigh various factors. A well-structured hardship evaluation provides them with a clear and organized assessment of the potential hardships involved, making it easier for them to understand the situation and make an informed decision hopefully in your favor.
Example 1 of a Hardship that would help your immigration application
An example of a common hardship case is when one member of the family is very sick or disabled and the person that immigration is threatening to deport is their main caregiver. If you can prove that the family member who is already here legally needs your help with a Hardship Waiver, then you’re also granted legal status to stay and help take care of them.
Example 2 of a Hardship that could qualify for the legal waiver
Another example is when a parent needs to take care of children who are US citizens.
If a child has special needs, a learning disability, or has educational needs (such as safe schools), they need additional support. Many countries outside of the US have no such support for them or they would have a difficult time accessing that support financially or due to their location. In that case, immigration will often grant legal status to the parent taking care of the child or children because it would be a hardship on the children if the parent was deported.
Here’s how an immigration hardship evaluation can help:
Legal Process Support
Immigration hardship evaluations are typically submitted as part of a legal argument to immigration authorities or courts. They provide evidence to support the claim that the deportation of an individual would cause extreme hardship to their family members, and thus, the individual should be allowed to remain in the country.
Immigration officials and courts take into account the potential impact on family members, especially if they are U.S. citizens, permanent residents, or otherwise eligible for special considerations. Demonstrating the emotional, financial, and psychological impact of separation can elicit humanitarian considerations from decision-makers (i.e., your immigration officer or the person reading your report).
Mitigation of Deportation Consequences
For individuals facing deportation due to certain criminal convictions or immigration violations, a well-documented hardship evaluation can be used to mitigate the severity of the consequences. It can potentially influence the decision to grant a waiver, relief, or a more lenient outcome.
An immigration hardship evaluation can highlight the potential disruption to family bonds and relationships if an individual is removed from the country, which can be a persuasive argument for allowing them to stay.
In the case of children, an evaluation can make the case that it would case them irrevocable harm to be separated from their parent.
Risk of Hardship
The evaluation can identify and provide evidence of the specific hardships that family members would face if the individual is removed. This could include financial difficulties, medical care access, emotional distress, educational disruption for children, and more.
A well-prepared immigration hardship evaluation provides documentation of the family’s circumstances. This can include medical records, school records, financial statements, testimonies from family members, expert opinions, and other evidence that supports the claim of hardship.
Strengthens Legal Arguments
Legal arguments based on emotional appeals and humanitarian considerations can be bolstered by a comprehensive hardship evaluation. It can give the case a more human and relatable aspect, potentially making it more compelling to decision-makers.
Always check with your immigration lawyer whether a psychological evaluation is appropriate for your case. If so, it can serve as a powerful tool to present a compelling case for allowing an individual to remain in a country.
Just a reminder that I do Immigration Evaluations for residents of Florida. Grab your Free Consultation with me to get the deets on working together (the how, the when, the where, and the how much).
Peace and Health,