The US’s immigration laws provide an avenue for inadmissible individuals to acquire immigrant visas or green cards to become citizens. People that fit such a profile can be “forgiven” their inadmissibility by applying for a reservation where specific procedures ensue. These procedures include hardship evaluation. Factors that could lead to inadmissibility include previous deportation, public charge, national security, criminal activity, and health issues. Moreover, persons that overstay in the US unlawfully are blocked from entering the country.
Inadmissible parties can present their case by filing a waiver to the US department concerned with immigration services. The waiver should extensively address the higher likelihood that their relative will undergo extreme psychological if they cannot stay or enter the US. Additionally, one can undergo hardship evaluation to prove that their relative will experience unusual hardship if they follow them back to their home country. The immigration officers have the power to waive inadmissibility when extreme hardship is demonstrated for relatives that qualify by being citizens or green cardholders.
Immigration mental health evaluation follows the separate analysis of presented cases separately but with the evidence’s totality. Each filed case is addressed individually because the United States’ immigration laws do not clearly define extreme hardship. Therefore, extreme hardship primarily entails the psychological issues that your qualifying family member might experience outside the normal if you leave or not permitted to enter the country. Furthermore, the immigration officer does not have an overall and defined clear-cut answer sheet that reviews the waiver application.
The officers base the immigration mental health evaluation and ruling by reviewing the presented evidence in totality. Additionally, the immigration officer studies the circumstances separately to identify the presence of psychological hardships. Factors considered in the immigration mental health evaluation include the individuals’ age during the entry and the application of waiver, and information regarding the person’s children like age and ability to conform to the home country. Furthermore, immigration officers review the health status of the individual and their family members, duration of stay in the US, and the ability to secure employment in their home country.
The immigration officers evaluate the individual’s immigration history, communal ties in the US, contribution to the community, mental impact on the importation, educational opportunities, financial impact, and the economic and political climate of the home country. Evaluating the presented evidence to avoid deportation or waive inadmissibility is a crucial step to winning the case. An individual can argue that they are the only one that can take care of their qualifying relatives, take care of debts in the US, take care of their children, their medical condition, or alleviate clinical depression that stems from deportation.
One should submit adequate evidence to support their argument of dismissing a deportation order or entering the US. The evidence should be in the form of supporting documents, such as tax returns, medical reports, professional and education certificates, and articles indicating the status in their home country. If children fall in citizen inadmissibility, one should provide sufficient evidence that indicates how it will significantly affect the qualifying relative. The process is usually long and tedious, making it imperative to consult an attorney well conversant with immigration laws in the US.
