Oceanside Family Therapy & Assessments provides law firms and attorneys nationwide; including California, New York, Atlanta, Miami, Orlando, Tampa and Jacksonville with expert forensic psychological services and comprehensive mental health evaluations for adults and children in the areas of immigration law, including:
Extreme and Exceptional Hardship
Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen
VAWA (Violence Against Women Act)
U Visas (for victims of crime that occurred in the U.S.)
T Visa (victims of human trafficking, trafficked into the U.S.)
Cancellation of Removal
Extreme and Exceptional Hardship for Children
Extreme and Exceptional Hardship
In extreme and exceptional hardship cases, a citizen of the United States, or a legal permanent resident of the United States, is the spouse, fiancée, parent, or child of an individual who may be deported from the U.S or face a 3 or 10 year bar for unlawful presence if they departed the United States (when filing a I-601 a waiver). The United States citizen applies for a waiver on the basis that deportation or bar of their relative would result in an extreme and exceptional hardship to the United States citizen/resident.
Relevant factors in these cases include family relationships that would make it extraordinarily difficult for that person to leave the country. For example, a United States citizen may have a sick parent or sibling or be unable to make a living in the country to which his or her spouse would be deported. The U.S. citizen or legal permanent resident might himself or herself be under treatment for a medical condition which could not be as well treated outside of the United States. The children of the United States citizen or legal permanent resident might be far advanced in their education in this country, and unable to speak, read, or write in the language of the foreign country.
In such cases, leaving the United States might represent a permanent bar to the completion of their education. In extreme and exceptional hardship cases, if one parent has to leave the United States, it can produce a separation anxiety disorder on the part of the child left behind. Some children, especially those who are very young and lack the emotional maturity to understand why a parent might have to leave the United States, might also develop a depressive disorder.
In extreme hardship cases the client must demonstrate hardship that is above and beyond hardship that would be expected in most cases.
In political asylum cases, an individual has been subjected to mistreatment and abuse in a foreign country. Frequently, the mistreatment is associated with a political, religious, ethnic, or gender factor. At some point, the individual flees and makes his or her way to the United States, and files a political asylum claim. In his or her native country, it is very common that the individual has developed psychological problems as a result of the abuse; depressive disorders and post-traumatic stress disorders (PTSD) are common.
Sometimes, the disorder interferes with the ability to file a claim for asylum within the required one-year period. In those cases, it is necessary to make an assessment whether the psychological problems experienced by the individual interfered with the filing of a timely political asylum claim.
In political asylum cases, it is also helpful to assess whether an individual continues to suffer from psychological symptoms after their arrival in the United States. This helps to gauger how profound the trauma was in the country of origin and how long standing the psychological ramifications. People claiming asylum are unable to return to their country for fear of the above mentioned persecution or pending harm.
In spousal abuse cases, a woman or a man from a foreign country marries a citizen or a legal permanent resident of the United States. After the marriage, the United States citizen or legal permanent resident then abuses his or her spouse.
The abuse can take the form of verbal, physical, sexual, or psychological mistreatment. It is important in spousal abuse cases to assess the quality of the abuse as well as the frequency, and to evaluate the impact that the abuse has had on the individual.
A U Visa gives legal status to immigrants, even undocumented immigrants, who have been victims of serious crimes in the United States and meet certain other requirements. With a U Visa, the immigrant may stay and work in the United States for up to four years. After three years, however, a victim with a U visa may apply for a green card.
Victims of crimes, including sexual abuse, domestic violence, involuntary servitude, sexual exploitation, kidnapping, female genital mutilation, trafficking, and rape, must have suffered serious physical, mental, or emotional abuse and have information that may help law enforcement in investigating or prosecuting the perpetrators.
Depending on the situation, the victim's family members might also be able to get a U Visa. A number of certifications and forms are involved, so contact an experienced immigration lawyer to assist with your U Visa petition.
Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
Non-immigrant visa for spouse (K-3) - It is important to note that application for the non-immigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F.
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
When necessary, we will schedule your assessment with a foreign language interpreter in the language of your choice, or you are welcome to bring someone with you. Our written assessment tools are also available in Spanish when requested.
The role of the psychotherapist in these cases is to inform the court, not to decide the ultimate question of deportation. The forensic psychotherapist generally provides the attorney with a comprehensive written evaluation assessing the degree of hardship, the category of hardship, related documentation of the history of the person and an explanation of the impact deportation would have on the person, as well as their family.
Depending on the results of the evaluation the attorney may or may not submit the psychological evaluation to the court. The demonstration of extreme exceptional hardship based on the evaluation and other factors does not automatically indicate a privilege for relief or the granting of cancellation of removal.
The Cancellation of Removal and Adjustment of Status for Certain Non permanent Residents (1996): I.N.A Section: 240 A (b) states in addition to the identification of an exceptionally extreme hardship the application for cancellation of removal must verify:
• The alien has been physically present continuously in the United States of America for a period not less than 10 years immediately preceding the application;
• The alien has been a person of good moral character;
• The alien has not been convicted of an offense or “aggravated felonies.”
The decision to cancel removal is multi-factorial and the determination ultimately rests with the USDOJ-EIRO Immigration Court Judge, or the Attorney General, based on the specifics of the case.
The purpose of the evaluation in immigration deportation cases is NOT to diagnosis in order to treat a psychological disturbance, but rather to determine if the disorder is present and if an exceptional hardship would result due to the disorder if deportation occurs. Therefore, the forensic evaluator is contractually hired by the immigration attorney NOT the client (even though the client/family usually covers the costs for the evaluation). All reports are furnished directly to the hiring/referral attorney NOT to the client or the client's family.
Mental Health Evaluations
Thorough mental health evaluations for children and adults ranging in assessments based on the presenting symptoms, concerns and mental health issues. Infants and young children may need assessed for Autism Spectrum, Anxiety, Depression or ADD; while adults may need to be evaluated for chronic issues, adjustment disorders and mental health functioning. Therefore, assessments vary per patient and referral.
Disclaimer: Nothing on this website is considered legal advice. This is not a law firm, if you have questions concerning immigration law you must consult directly with your immigration attorney. Laws and interpretations of the law are changing rapidly during this administration.
WE ARE MENTAL HEALTH EXPERTS and WE DO NOT FILE IMMIGRATION WAIVERS or PETITIONS or GIVE ANY IMMIGRATION LAW ADVICE.