When immigrants apply for a visa or any type of entry into the United States, they must be approved by the federal government. Many people are admitted every year, but many more are not. If someone is not approved, they must prove that they have experienced extreme hardship. A hardship evaluation might include a look at the mental health of the individual. An extreme hardship will speak to their mental state, and that immigrant can be approved. Continue reading to learn how to prove an extreme hardship.
What Are Extreme Hardships?
Extreme hardships are not defined by the American government. This means that immigrants and their representatives must look at a range of things that might be considered a hardship, such as:
- The age of the applicant because they might be very old or very young
- The status of the family including the ages and immigrant status of their children
- The applicant’s health
- Can the applicant find a job and maintain gainful employment?
- How long the immigrant has been in the U.S.
- Psychological or physical trauma that could be caused by deportation
When the immigrant and their representatives are hoping to prove that a hardship exists, they can point to all the issues listed above. For example, someone who could be harmed when they are deported is experiencing extreme hardship. The immigration mental health evaluation must look at all these factors because each one of them could cause anxiety and fear.
How Does The Hardship Evaluation Work?
When an immigrant has been denied, they can go in for an evaluation. The immigration mental health evaluation must consider the extreme hardship that this person could face. Therefore, someone who is very young or very old could experience a hardship that is greater than is reasonable.
When someone is very ill, they have a better chance of receiving quality healthcare in America. They would experience extreme hardship if they were deported, and that is why they need to bring up these things in their evaluation. Family separation might occur when a singular person must go back to their home country while everyone else has been admitted to the U.S.
A Lawyer Should Collect Evidence
Proving an extreme hardship requires the help of a lawyer. A lawyer can collect all the evidence that is needed to prove the hardship. The lawyer can create a case that will compel the government to allow entry, and evidence can show how the hardship will escalate over time. For example, someone who is deported with an extreme hardship will deteriorate over several years. They cannot wait to enter the U.S. because it will not be worth it.
Proving An Extreme Hardship Takes Time And Energy
An extreme hardship must be proved when an immigrant has been otherwise denied entry into the U.S. Hire an attorney who can argue on behalf of the client and prove that their extreme hardship should allow them to enter the country immediately.