Immigration Evaluations

“Migration is an expression of the human aspiration for dignity, safety and a better future. It is part of the social fabric, part of our very make-up as a human family” ~ Ban Ki-moo

An immigration evaluation is any type of mental health evaluation that is used in an immigration case. They can improve the chances of a positive outcome and can help lawyers in building their case.

What is an Immigration Evaluation?

1: Extreme Psychological Hardship

In an extreme psychological hardship case, a citizen or resident of the United States applies for the immigration waiver because the deportation of a family member will cause extreme hardship for themselves or their family.

A psychological evaluation will establish the mental health consequences of deportation of a family member leading to extreme hardship for themselves or their family.

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Types of Immigration Evaluations

2: Political Asylum

In political asylum cases, an individual has been subjected to mistreatment and abuse in their country of origin due to their political beliefs, religious affiliation, ethnic identity, or gender.

A psychological evaluation will establish the mental health consequences of prior abuse or persecution. An evaluation will also help determine how the abuse has or will continue to impact the individual in the future.

3: Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) provides for immigration benefits to men and women who have been physically and/or mentally abused by their U.S. citizen spouse.

A psychological evaluation will help establish the psychological impact that the verbal, physical, or sexual abuse had on the individual.

6: DACA Evaluations

Individuals petitioning for a waiver under DACA can be denied if they have a serious criminal conviction (e.g. domestic violence).

A psychological evaluation can help determine if their actions and behavior were due to a mental disorder, abuse, or other cognitive deficit.

5: U-Visa

A U-Visa may be granted to an undocumented individual living in the U.S. if the individual can demonstrate that they have experienced substantial mental or physical abuse due to being a victim of a serious crime that occurred in the U.S.

A psychological evaluation can help determine the impact of the crime on the individual and their willingness to co-operate with authorities.

4: T-visa

A T-Visa can be granted to victims of human trafficking and their immediate families if they agree to assist law enforcement in testifying against their perpetrators.

In order to be eligible for a T-Visa, an individual must demonstrate that they will endure unusual or severe harm if they were deported from the U.S. A psychological evaluation can help establish the impact of deportation on the applicant.

7: NQRP

The National Qualified Representative Program (NQRP) provides appointed legal representation for immigrants who are detained by the Department of Homeland Security (DHS), unrepresented by counsel, and who have been found by an Immigration Judge or the Board of Immigration Appeals (BIA) to be incompetent to represent themselves in their immigration proceedings because of a serious mental disorder.

The NQRP affords a meaningful opportunity to be heard by shifting the burden of representation from the immigrants themselves to highly-qualified attorneys. The psychological evaluation can establish the mental or cognitive disability or challenges experienced by the individual while providing a biopsychosocial report.

8: N648

The N648 or the Medical Certification for Disability Exceptions is used for U.S. citizenship that need to request an exception to the English and civics testing requirements for naturalization because of physical or developmental disability or mental impairment.

The psychological evaluation can establish the mental or cognitive disability or challenges experienced by the individual while providing a biopsychosocial report.

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What to Expect

This process can be very anxiety-provoking, especially for someone that has never met with a psychologist. I want to ease some of your anxiety so I've included a quick overview of what to expect during an evaluation.

Evaluation Steps:

An interview with you and close members of your family. The interview will help us understand important psychological, medical, and social background information, and your current level of cognitive and psychological functioning. If necessary, we will administer psychological tests and questionnaires to help us figure out specific areas where you are having psychological difficulty or challenges
A review of medical, psychological, and other supporting documents that help us have a better understanding of your psychological and emotional functioning.
A second meeting to go over initial findings and clarify any information collected from the initial interview. Collateral interviews with family members as needed.
After we complete the evaluation, we will write a comprehensive report that integrates our findings and it will be provided to your lawyer in order to support your case.

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