Immigration Hardship Waiver Assessment

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Immigration Hardship Waiver Assessment

An Immigration Hardship Waiver and Psychological Evaluations are conducted when a citizen or resident of the United States (Applicant) applies for an immigration waiver if the deportation of a relative causes extreme and exceptional hardship.

Immigration Hardship waivers are a procedure which can be started when an individual is found to be “inadmissible” and is being denied a visa or is in the process of being deported. The USCIS or U.S. Citizenship and Immigration Services can grant a request for this type of dilemma to be looked at and hopefully overturned. The following are some reasons for inadmissibility that an individual might encounter.

“Inadmissibility” refers to a limited category of immigrants who are not permitted by law to enter or remain in the United States, set forth by The Immigration and Nationality Act. The basic categories of inadmissibility are part of but not limited to the following:
Health: Drug addictions, communicable diseases such as HIV/AIDS, a lack of vaccinations, extreme physical or mental disorders which can cause harm, etc.
Immigration Hardship Waiver Assessment
Criminal Activity: Drug crimes that either occurred in the US or other countries, morally devoid criminal activity, criminal activity which results in five or more years of a penitentiary, prostitution and exploitation, sex crimes and trafficking, or money laundering.
Unlawful Presence: Falsely claiming US citizenship, Entering the country illegally as a stowaway, the abuse of a student visa, etc.
Fraud & Misrepresentation: falsifying/misrepresenting information to obtain a visa or committing fraud while in the visa application process.
Other Factors: prior removals from the United States, threats to national security, lack of labor certification, public charges, and several other miscellaneous categories.
Similar to the reasons why a person may be inadmissible, there are some contributing factors on why an individual may be eligible for an immigration hardship waiver. These reasons can include but are not necessarily limited to the following examples:
Health if the health of the individual is too precarious for travel or if the treatment they receive can only be done where they are receiving it this could be a viable reason.
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Financial Consideration if the inadmissibility leads to a significant loss of income which could seriously disrupt the individual’s life.
Education loss of placement is a university or school of higher learning due to becoming inadmissible is an extremely viable reason for the immigration hardship waiver.

Personal Considerations these considerations can include the separation of a father or mother from his children or the separation of a wife from their husband.

Special Factors Some special factors could include a fear of ostracism, fear for their lives due to circumstances that may arise in their home country, and fears over extradition that could lead to untimely results such as bodily harm or even death of the individual.
A psychological assessment is used to measure the impact caused by immigration issues and is a helpful tool to explore overall functioning. The report will examine socioeconomic circumstances, financial hardships, work and social difficulties, and emotional health.
This type of assessment is extremely thorough and investigates the many aspects of the individual’s life upon which the assessment is being made. Deportation is not an isolated matter and has drastic effects on multiple lives when it occurs. The Immigration Hardship Waiver is especially made to reconcile what could turn out to be an extremely destructive and even terrifying situation for whoever would be left behind in the wake of such an action.

Here at AACS Counseling it is important to note that the work of the evaluation and assessment is just one portion of the work needed for a waiver such as this to succeed. The assessment will need to be given to an immigration lawyer who can handle the court proceedings involved in this type of scenario. AACS Counseling will do their utmost to work hand in hand with any immigration lawyer that our clients have been working with. We also work with a number of different firms that we can suggest in order to find a perfect fit for your situation, monetary allowances, and time frames. A great deal of trust and honesty is a standard requirement so that all parties involved in your case can work together seamlessly so that your life does not get thrown off course due to some unforeseen circumstances.

It is important to address the difficulties that the applicant will face if forced to move to another country or the lack of ability to remain in the U.S. without the alien. These processes include several interviews with parties that can be used as collateral witnesses to prepare the Hardship Waiver Assessment.

If you or someone you know has been found inadmissible and is searching for an Immigration Hardship Waiver, then please call AACS Counseling at 800-683-7745 today.

These are called “Particularly Significant Factors.” USCIS’ policy guidance on extreme hardship is available at www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB.html, part of the online USCIS Policy Manual, which will eventually replace the Adjudicator’s Field Manual.
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