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If your attorney suggested that you obtain a report from an immigration evaluation therapist, you’ve come to the right professional. 

An Immigration Psychological Evaluation is psychological assessment that is used to help immigration courts determine whether an individual will be able to remain lawfully in the United States.

A comprehensive, expert evaluation conducted by a mental health professional knowledgeable about the factors involved in extreme immigration hardships and the relevant mental health issues, along with a thorough report, adds a tremendous value to the immigration case. It can be effectively used by your attorney to support your case and move forward with your immigration proceedings.

The immigration evaluation itself includes in-depth interviews that occur over the course of 3 to 4 meetings, consultations with attorney, speaking with other people relevant to the case, psychological evaluation, scoring and interpreting results, and report writing. 

Psychological Immigration Evaluations and reports are used in four major areas of immigration proceedings:​

1. EXTREME AND EXCEPTIONAL HARDSHIP

In Extreme and Exceptional Hardship cases, a citizen of the United States, or a legal permanent resident (LPR) of the United States, is the spouse, fiancée, parent, or child of an individual who could be deported from the United States. The U.S. citizen applies for a waiver on the basis that deportation would result in an extreme and exceptional hardship.

The purpose of the psychological evaluation is to assess and explain the hardships that all the relevant family members would face if the waiver were not granted. The professional opinion rendered in a psychological evaluation greatly strengthens the case.

2. SPOUSAL ABUSE: VAWA (Violence Against Women Act) 

Despite the name of this act, the VAWA immigration provisions benefit both women and men. In spousal abuse cases, a woman or man from a foreign country marries a citizen or a legal permanent resident (LPR) of the United States. After the marriage, the immigrant claims the presence of domestic abuse and seeks to file for legal status separately from their U.S. citizen spouse, usually because the U.S. citizen or LPR spouse does not assist his or her spouse in this process. The foreign national can file a VAWA petition even if the marriage ended in divorce, as long as there was a connection between the divorce and domestic violence and/or abuse. The abuse can take the form of verbal, physical, sexual, and/or psychological abuse. Marital incompatibilities which cause severe strains on a marriage and, in fact, could lead to divorce, do not by themselves constitute extreme cruelty. “Extreme cruelty” includes, but is not limited to, threats of violence, forceful detention, psychological abuse, sexual abuse, exploitation, rape, molestation, incest (if the victim is a minor), and forced prostitution.

The signs of abuse are not always obvious, and no one else has witnessed the abuse or the victim is too terrified to seek help. Examples of nonviolent acts that may also constitute extreme cruelty are social isolation of the victim, threats of deportation, threat of bodily harm, not allowing the victim to get a job, degrading the victim, and humiliating the victim privately and/or publicly. The most important goal of VAWA is to allow you, as the victim, to sever dependency on your abusive spouse by allowing you to file for permanent residency, without your spouse’s consent, help, support or participation of any kind.

3. U VISA

U Visa gives legal status to immigrants, including undocumented immigrants, who have been victims of serious crimes in the United States. Such crimes including, but are not limited to, sexual abuse, domestic violence, involuntary servitude, sexual exploitation, kidnapping, trafficking, and rape. With a U Visa, the immigrant may stay and work in the U.S. for up to four years. After three years, however, a victim with a U visa may apply for a green card. The goal of the psychological evaluation is to assess the extent of serious physical, mental, or emotional consequences of the experience. An applicant for a U Visa has to be willing to assist the police and/or District Attorney’s Office in the investigation and/or with the prosecution of the criminal.

4. POLITICAL ASYLUM

Applicants for political asylum often have been exposed to extreme deprivation, severe abuse, and even torture in their home country. Frequently, the mistreatment is associated with a political, religious, and/or ethnic persecution. At some point, the individual flees his or her country to the United States and files a Political Asylum claim.

The purpose of an immigration evaluation in asylum cases is to collect information about this mistreatment and to examine the psychological impact that these circumstances have had on the immigrant. 

5. T VISA

The T visa was created to provide immigration relief to victims of severe forms of human trafficking. A noncitizen may be eligible for a T visa if she is physically present in the United States on account of trafficking, if she assists law-enforcement officials in the investigation or prosecution of the traffickers (victims under 18 years of age are exempted from this requirement), and if she can demonstrate that she will suffer extreme hardship involving unusual and severe harm if removed from the United States. Much like the U-Visa, there is a burden of proof necessary to establish the psychological and physical effects of the traumatic experience. A T visa protects recipients from removal and gives them permission to work in the United States. Bona fide T-visa applicants also have access to the same benefits as refugees, including cash assistance, food stamps, and job training.

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Having a thorough and completed evaluation report can make a significant difference in the outcome of your case. 

Each immigration situation is different, and I strive to approach each case and each person from an individual perspective. My goal is to provide a safe place where you can feel supported, respected, and understood.