Getting ready to move to the United States is a big step, especially if you’re doing so to escape a difficult situation. When that’s the case, it can be tough to know what comes next and what to expect at immigration.
There are several different types of immigration evaluations that may apply if you’re entering the United States under these conditions. Being prepared for them can help you feel more confident in your new move.
If you’re preparing for immigration evaluations in Georgia or another state, read on. Here’s what you need to know about the different types of immigration evaluations that may apply.
Extreme Hardship Waiver Immigration Evaluations
Extreme hardship situations are available to people who have been determined unable to be admitted to the United States because of extreme difficulties. In these types of immigration evaluations, officials look at the consequences of sending someone back to their home country.
There are many different reasons for extreme hardship. A few of the grounds for an extreme hardship waiver include:
- A relative in the United States has a severe medical condition and requires the foreign-born person to care for them.
- The foreign-born person is financially supporting a US relative and wouldn’t be able to do so while in their home country.
- The foreign-born person is supporting a US relative with large debts and would not be able to do so while residing in their home country
- A relative in the United States requires the foreign-born person for support in caring for a sick relative, and wouldn’t be able to do so while the foreign-born person is abroad.
- The foreign-born person is supporting a US relative with childcare and would be unable to adequately do so while abroad
- The US relative is suffering from psychological distress because of the immigration difficulties
In order to prove to immigration that your situation falls into one of these categories, you’ll need to provide supporting evidence. This typically includes a personal statement from both the foreign-born person and from the US relative.
Violence Against Women Act (VAWA) Evaluations
It’s not just extreme hardship that can grant you entry to the United States in a difficult situation. Sometimes, a foreigner may be permitted to enter or remain in the United States under the Violence Against Women Act, or the VAWA.
This act was created to help protect men and women with an abusive family member who is a citizen or permanent resident of the United States. A few situations that can qualify you for a green card under VAWA include:
- If your spouse, who is a citizen or permanent resident, has abused you or your child
- If you were abused by a parent or step-parent who is a US citizen or permanent resident
- If you were abused by an adult daughter or son who is a US citizen
This act seeks to protect individuals who have abusive family members, not just spouses. It’s specifically designed to protect immigrants who were mistreated by US families.
In order to apply for this type of visa, all you need to do is to submit Form I-360 and supporting evidence of the abuse that you suffered. This helps show the government why you should be granted this type of visa.
U Visa Evaluations
The VAWA immigration evaluations are not the only type of immigration evaluation that protects individuals who have suffered from violence. A U visa is also designed to protect people who have been victimized.
The difference, however, is that with a U visa an immigrant was the victim of any crime, not just abuse. In these situations, a foreign-born person has suffered from mental or physical abuse because of a crime that violated US law and occurred in the US or its territories.
A few of the types of crimes that fall under this category include:
- Torture
- Incest
- Domestic violence
- Sexual assault or exploitation
- Abusive sexual contact
- Rape
- Trafficking
- Prostitution
- Peonage
- Involuntary servitude or slave trade
- Kidnapping and abduction
- Blackmail and extortion
- Manslaughter
- Murder
- Obstruction of justice or perjury
- Witness tampering
These are just a few examples of crimes that can qualify someone for a U visa. In these situations, the person must get a certificate that a law enforcement official is looking into the situation.
Additionally, the person must be helpful, prove likely to be helpful, or have been helpful in the past to criminal investigations. And, the foreign-born person must be able to provide information about the crime that took place.
T Visa Evaluations
The last type of immigration evaluation that can grant you a green card due to difficult circumstances is a T visa. These visas are designed to help people who are victims of sex or labor trafficking or of forced labor.
Because of the distressing nature of these types of situations, T visa evaluations will include a psycho-social assessment and temporary support for a person in this situation. The idea is to help them out of their situation during the process.
A person who is undergoing a T visa evaluation will have to be willing to assist law enforcement in any criminal investigations. In addition, they will have to meet a few specific requirements:
- they must be a victim of trafficking
- They must be in the United States because they were brought there by trafficking
- If older than 18, they must assist in legal proceedings surrounding the traffickers
- They must be able to prove that they will suffer from extreme hardship if they return to their country of origin
T visa evaluations can be extremely distressing, and getting support from a legal team or psychologist can help make them easier to manage. Because of this, many times immigration officials will provide someone applying for this type of visa with temporary support.
Get Help With Your Immigration Evaluations
Undergoing immigration evaluations can be extremely stressful. However, knowing which type of immigration visa you qualify for can help make the process far smoother and easier to manage.
If you’re getting ready for an immigration evaluation, you deserve to be supported. Contact the team at The Diversion Center and we’ll help you get the support you need during this difficult time.