Immigration Evaluations 

Political Asylum​

An asylum immigration case is a legal process through which individuals seek protection in a country because of fear of persecution in their home country. It involves proving that the applicant faces or has faced persecution due to factors such as race, religion, political opinion, or other protected grounds. Successful asylum applicants are granted permission to stay in the country and can eventually apply for permanent residency. However, the process can be complex, requiring evidence, legal documentation, and often the assistance of an immigration attorney to help navigate the proceedings.​

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Eligibility for Asylum: To apply for asylum, individuals must prove that they meet the legal criteria under international and U.S. immigration law. This often includes:

• Persecution or Fear of Persecution: The applicant must show that they have faced persecution or have a reasonable fear of facing persecution if they return to their home country.

• Application Timeframe: In the U.S., an asylum application must generally be filed within one year of arrival in the country unless the applicant can demonstrate changed circumstances or extraordinary circumstances that justify a delay.

• Credibility: Applicants must establish that their account of persecution is credible, meaning that the facts of their story are consistent, reliable, and supported by evidence (such as witness statements, news reports, or medical records).

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​Hardship Waiver ​

​A hardship waiver (also called a waiver of inadmissibility) is a type of legal relief that allows individuals who are otherwise ineligible to enter or remain in the United States due to certain immigration violations or issues to still be granted a visa or lawful permanent residence (green card). This waiver is based on the argument that denying entry or status to the individual would cause extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

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Eligibility for a Hardship Waiver: The applicant must typically demonstrate the following to qualify for a hardship waiver:

• They have been found inadmissible to the U.S. due to one or more immigration violations.

• They have a U.S. citizen or lawful permanent resident spouse, parent, or child who would experience extreme hardship if the waiver is not granted.

• The applicant must meet other legal requirements specific to the type of waiver they are applying for (e.g., criminal history, family relationships, etc.).

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Violence Against Woman Act (VAWA) ​

​A VAWA immigration case refers to an immigration petition filed under the Violence Against Women Act (VAWA), which is a U.S. federal law that provides protections for victims of domestic violence, including those who are in abusive relationships with U.S. citizens or lawful permanent residents. VAWA allows certain victims of abuse (regardless of their gender) to apply for immigration relief without the knowledge or cooperation of their abusive spouse or parent. This provides a pathway for safety and stability for survivors of domestic violence, enabling them to stay in the U.S. independently of their abuser.

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Eligibility for VAWA: To be eligible for a VAWA-based immigration petition, the applicant must meet the following criteria:

• Victim of Abuse: The applicant must have been the victim of battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child.

• Qualifying Relationship: The abuse must have occurred in the context of a relationship with a U.S. citizen or lawful permanent resident spouse, parent, or child.

• Residence in the U.S.: The applicant must have resided in the U.S. with the abuser. For spouses, this means that they lived together with their abuser in the U.S.; for children, the abusive parent must be a U.S. citizen or lawful permanent resident.

• Good Moral Character: The applicant must demonstrate that they are of good moral character, which typically means they have not committed serious crimes (though minor issues may be excusable).

• In the U.S. or Eligible to Apply: The applicant must be in the U.S. when applying for the VAWA relief. However, certain protections apply for those outside the U.S. under specific circumstances, such as children of U.S. citizens or lawful permanent residents.

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U-Visa

A U-Visa immigration case refers to the process by which a non-citizen who is a victim of certain types of crimes can apply for a U-visa. The U-visa is a special visa created to protect and assist victims of violent crimes who are willing to cooperate with law enforcement in the investigation or prosecution of the crime. The U-visa provides temporary legal status and work authorization in the United States, and it can also lead to permanent residency (a green card) after a period of time.

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Eligibility for a U-Visa: To qualify for a U-visa, applicants must meet specific eligibility requirements:

• Victim of a Qualifying Crime: The applicant must have been a victim of one of the following crimes (this list is not exhaustive):

  • Violent crimes such as rape, domestic violence, sexual assault, human trafficking, kidnapping, murder, or felony assault

  • Stalking

  • Witness tampering

  • Fraud in foreign labor contracting

  • Blackmail

  • Extortion

  • Other crimes involving substantial physical or mental abuse

• Cooperation with Law Enforcement: The applicant must have suffered substantial physical or mental abuse due to the crime, and they must have been helping or are willing to help law enforcement in the investigation or prosecution of the crime. This includes assisting the police, providing evidence, and being available for interviews or court proceedings.

• Presence in the U.S.: The applicant must be present in the United States when applying for the U-visa. They do not need to have lawful immigration status (i.e., they can be undocumented) to apply for a U-visa.

• Certification by Law Enforcement: A key part of the U-visa process is that a law enforcement agency must sign a certification form (Form I-918, Supplement B), confirming that the applicant has been a victim of a qualifying crime and has cooperated with the investigation or prosecution. This certification is a required part of the U-visa application.

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​T-Visa

A T-Visa immigration case refers to the process by which victims of human trafficking can apply for a T-visa to obtain legal status in the United States. The T-visa is a type of nonimmigrant visa specifically designed to help individuals who have been victims of severe trafficking and are cooperating with law enforcement in the investigation or prosecution of their traffickers. The T-visa offers temporary legal status and can also provide a path to permanent residency (green card) after a certain period.​

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Eligibility for a T-Visa: To qualify for a T-visa, applicants must meet certain criteria:

• Victim of Severe Trafficking: The applicant must have been a victim of severe forms of trafficking, which includes:

  • Sex trafficking: The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of commercial sexual exploitation.

  • Labor trafficking: The use of force, fraud, or coercion to compel someone to work in exploitative conditions, such as forced labor or servitude.

  The trafficking must have occurred in the United States, or the applicant must be a victim of trafficking brought into the U.S. for the purpose of exploitation.

• Cooperation with Law Enforcement: The victim must be willing to assist or has already assisted law enforcement in the investigation or prosecution of the traffickers. If the victim is under 18 years old, they do not need to cooperate with law enforcement to qualify for a T-visa.

• Presence in the U.S.: The victim must be in the United States (or a U.S. territory) when applying for the T-visa. There is no requirement to have lawful immigration status at the time of application, meaning undocumented individuals can apply.

• Physical or Mental Harm: The victim must have suffered substantial physical or mental abuse as a result of the trafficking, which is a key aspect of proving the severity of the trafficking situation.

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Cancellation of Removal 

A Cancellation of Removal court case is a form of immigration relief that allows certain non-citizens who are facing deportation (removal) from the United States to apply for a temporary stay of removal and, in some cases, to obtain lawful permanent resident status (a green card). Cancellation of removal is typically sought in removal proceedings before an immigration judge in the Executive Office for Immigration Review (EOIR).

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Eligibility Requirements: To be eligible for cancellation of removal for non-permanent residents (non-LPRs), the applicant must meet all the following criteria:

• Continuous Physical Presence for 10 Years: The applicant must have lived in the U.S. for 10 years or more continuously. This means they cannot have left the country for extended periods during this time.

• Good Moral Character: The applicant must demonstrate that they have been a person of good moral character during the 10 years they have been in the U.S. Certain criminal convictions or violations of immigration law (such as fraud, drug offenses, or aggravated felonies) may make the applicant ineligible.

• Extreme Hardship: The applicant must show that their removal would cause extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child. Hardship is not based solely on the applicant's situation but rather on how their removal would affect their qualifying family members.

• No Disqualifying Criminal Convictions: The applicant cannot have been convicted of certain serious crimes, such as aggravated felonies or crimes involving moral turpitude, which would bar them from applying for this relief.​​​​​​​

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