Why Consider the Evaluation of Hardship When Discussing An Immigration Case, To Begin With?
Hardship evaluation, especially in the unique arena of immigration, is a factor that is coming more and more into play in most cases, respectively. And that is because the final verdict only demands that the full pieces of truth come together first hand, and each case must usually be decided on a case-by-case basis by the judge and jury.
Extreme hardship, and backed with the right amount of evidence, is the one deciding factor above several others. It can determine whether or not an appeal is granted as well as whether its denial would cause --- you guessed it --- an extreme hardship to the individual in question. One condition that must be met, ahead of time, is that the individual be a green card holder at the time of consideration.
The fact of the matter is this: When a dismissal or refusal to grant an appeal would otherwise cause a great hardship to the individual, further issues can arise. They have been known to. In the most extreme cases, such individual has hurt himself / herself or others around them. This could have all been prevented, and justice systems, local or federal alike, often fail to account for the human aspect behind it all and what such courses of justice will do to the individual human being with a need.
Considerations from a Psychologically Evaluated Perspective: More to Add on Immigration Hardship Evaluation
Many have migrated through no fault of their own into this country, whether or not they did so legally: That is the sad but true fact of the matter. Some have come abroad escaping great violence, famines, war, starvation, death threats and so much else. Each case, as mentioned, must be thoroughly evaluated individually. That is why the evaluation of hardship, as such, is of utmost value; it is literally life-or-death crucial, in many instances.
One perfect example is that of the VAWA, or Violence Against Women Act, petitions, in which female immigrants demand a proper hearing and evaluation of their hardship when fleeing from an abuser (be it a spouse, friend or family member who is in power over them and can do them a great deal of harm, violating their universal human right to leave in peace and safety). Even if the hardship evaluation stems forth from an illegal immigrant who is fleeing from a crime he or she has committed, such individual should be considered in all aspects of their story though there is always the possible risk of recidivism to consider. If it is something different, perhaps due to a traffic violation stemming from a DUI or other form of substance abuse, then Petition After Arrest is perfectly legal in the U.S.
It all boils down to the need for a proper, just and fair, complete evaluation. It is a human right we all hold. It must be granted.