In exceptional and extreme hardship cases, a citizen or 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. The U.S. citizen applies for a waiver on the basis of extreme and exceptional hardship that would result from deportation. Relevant factors in these cases include family relationships that would make it extraordinarily difficult for that person to leave the country.
In political asylum cases, an individual has been subjected to abuse and mistreatment in a foreign country. Often, this mistreatment is connected with a political, religious, ethnic, or gender factor. At some point in time, the individual flees to the United States, and then files a claim for political asylum. It is very common that the individual has developed psychological problems in his or her native country as a result of the abuse; mood disorders and trauma related disorders are common. 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 assess how profound the impact of the trauma was in the country of origin and how long-standing the psychological ramifications.
In spousal abuse cases, a man or a woman from a foreign country marries a citizen or a legal permanent resident of the United States. Following the marriage, the United States citizen or legal permanent resident then abuses his or her spouse. The abuse can manifest itself in the form of verbal, sexual, physical or psychological mistreatment. It is important in spousal abuse cases to assess both the frequency as well as the quality of the abuse, 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. 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 contacting an experienced immigration lawyer to assist with your U Visa petition is critical.
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