Green cards are typically obtained through family-based immigration, where a family member petitions for another family member. A person who has been abused by a family member can file a self-petition under the Violence Against Women Act (VAWA), which forms the basis for their own lawful permanent residency application. What is self-petitioning and who can […]
There is a great deal of complexity surrounding immigration laws. This blog entry outlines some basic information about how domestic violence victims can obtain immigration benefits. Violence Against Women Act (VAWA) was passed by Congress in 1994, providing special immigration status for battered non-citizens. Basic eligibility requirements include being the spouse or child of a […]
There is no discrimination when it comes to domestic violence. It affects all people, regardless of race, gender identity, sexual orientation, or socioeconomic status. Our children, our friends, and even those indirectly tied to the relationship. Abusers will do whatever they can to gain power or control over their partners, including using their partner’s immigration […]
The two main hardship standards in immigration law are “extreme hardship” and “exceptional and extremely unusual hardship.” These are different standards, meaning that “extreme hardship” and “exceptional and extremely rare hardship” are variations on the standard of proof required when an individual must demonstrate hardship, i.e. the level of hardship required. “Extreme hardship” is often […]
The U.S. legal system has been using psychological assessments for immigration purposes for over twenty years. In addition to supporting immigration officials in making determinations regarding immigration status, these evaluations are also intended to provide immigration information to applicants. The benefits of psychological evaluations in immigration cases go far beyond supporting successful applications. For adults […]
Even though forcibly separated couples often face similar challenges to those who separate consensually, for reasons such as undocumented immigration purposes, they also face some distinctive differences. According to Dr. Angelina, when couples are separated forcibly, it undermines elements that make being in a couple so meaningful and can lead to anxiety or even depression […]
An extreme or exceptional hardship waiver can be applied when you, as an immigrant, suffer from deportation to the home country from where you fled from and your spouse or significant other, that is a legal U.S. citizen, is left to fend for themselves in America. This waiver is valid when the legal US citizen(s), […]
Immigration waivers are documents that the U.S. court grants an undocumented immigrant to aid or forfeit a claim in said immigrant’s case. When you request a waiver, the U.S. government overlooks or forgives the ground of inadmissibility and grants you aid. There are many types of immigration waivers that can apply to you or your […]
Every community suffers from physical, emotional, sexual, and other forms of abuse. Immigrants are equally vulnerable to abuse as other Americans. However, abusers may use a victim’s immigration status as a weapon of power and control to threaten or intimidate them, such as saying that Immigration and Customs Enforcement will be notified if the victim […]
A clinical evaluation or psychological evaluation may include a series of formal or organized psychological or neuropsychological tests, as well as clinical interviews aimed at identifying and describing emotional, behavioral, and learning issues. Psychological tests can be given orally, in writing, or via computer. They may consist of a series of questions to determine how […]
