What is an immigration psychological evaluation?

An immigration psychological evaluation is a psychological assessment used to help immigration courts determine if an individual qualifies to lawfully remain in the U.S. The evaluation will include 2-3 interviews with a licensed psychotherapist who documents one’s current immigration predicament and personal, family, and psycho-social history. It will also emphasize the hardships from which one is currently suffering, as well as those hardships one will suffer in the future if deported. Discuss with an attorney if you or someone you know would benefit from such an evaluation.

What type of immigration cases may benefit from a psychological evaluation?

Extreme Hardship:

In Extreme Hardship cases, a citizen of the U.S. or legal permanent resident (LPR) is the family member (spouse, fiancé, parent, or child) of an individual who could be deported from the U.S. The U.S. citizen applies for a waiver on the basis that deportation would cause extreme hardship on the family. The psychological evaluation will explain all the hardships the family will face if the family member is deported.

Violence against Women Act:

VAWA immigration petitions allow immigrant spouses (male or female) of a U.S. citizen, who are victims of domestic violence (verbal, physical, sexual, or psychological) and extreme cruelty, to file for permanent residency if the abusive spouse will not be involved in the petition process. VAWA allows the victim to sever ties with the abusive spouse. The psychological evaluation will document the scope and nature of the abuse and its physical and emotional ramifications.

U Visas:

U Visas give temporary legal status to immigrants (including undocumented immigrants) who are victims of serious crimes in the U.S. Crimes include rape, domestic violence, incest, kidnapping, or other state, local, or federal law crimes. The victim must cooperate with law enforcement agents in order to be eligible for a U Visa. The psychological evaluation will document the extent of the physical, mental, emotional, or sexual abuse. With a U Visa, an immigrant can work in the U.S. for up to 4 years.

Political Asylum:

Asylum may be granted to individuals who are already in the U. S. and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The psychological evaluation will document severe persecution or torture experienced in their home country.