Immigration Psychological Evaluations

A psychological evaluation may be helpful if you are seeking asylum. To receive asylum in the United States, you must show that you have suffered persecution or have a well-founded fear of persecution in your home country. Persecution may be based on race, religion, nationality, political opinion, or membership in a social group experiencing discrimination (e.g., Sexual or Gender Identity). 

A psychological evaluation documents the persecution or suffering you have already experienced before coming to the United States or the reason why you are fearful that you would not be safe if you returned to your home country. It can also help document why you did not apply within the year deadline of arrival in the US, if applicable. 

In extreme hardship cases, an applicant can be provided a waiver if their removal from the US would cause “extreme hardship” for a family member who is a citizen or lawful permanent resident. Your case must show that there will be extreme hardship if family members are separated due to deportation or if family members must relocate with the one being deported.

The SIJ Classification allows certain noncitizen children to apply for lawful permanent resident status in the United States (also known as applying for a Green Card). These children have been subject to state juvenile court proceedings related to parental abuse, neglect, abandonment, or a similar basis under state law.

A T-Visa provides victims of human trafficking with the right to live and work in the U.S. A psychological evaluation can help an immigration court understand how human trafficking affects the petitioner.

Part of the qualifications for this visa is that the petitioner has complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking or you are unable to cooperate due to physical or psychological trauma; if either case applies, you may not need to show that you complied with reasonable requests from law enforcement)

A U-Visa is similar to a VAWA case in that it allows an individual to self-petition for legal status due to being the victim of a crime. It provides protection for those who have “suffered substantial mental or physical abuse.” To meet requirements, the victim must be willing to participate with law enforcement. 

In these cases, a psychological evaluation can be helpful to document and provide evidence for the mental and emotional impact of abuse. 

The Violence Against Women Act (VAWA) was created to provide a pathway to legal status for family members who have experienced abuse from a U.S. citizen or lawful permanent resident (LPR). An immigrant family member usually relies on a U.S. citizen or LPR to petition for legal status on their behalf. But for cases in which there has been abuse, VAWA protects individuals applying without the knowledge, consent, or participation of their abuser.

This application and evaluation is not only for women; it protects people regardless of sexual or gender identity.

In immigration proceedings, it is essential to ensure that individuals are competent to participate in their hearings. Our practice provides comprehensive psychological evaluations to assess an individual’s mental competency, in accordance with the standards set forth in Matter of M-A-M- and Franco-Gonzalez v. Holder.

• Matter of M-A-M- (2011): This precedent decision by the Board of Immigration Appeals established guidelines for immigration judges to follow when there are concerns about a respondent’s competency. The decision outlines the procedures for evaluating whether an individual understands the nature and purpose of the proceedings, can consult with their attorney, and can assist in preparing their case.

• Franco-Gonzalez v. Holder: This federal court case expanded protections for detained immigrants with serious mental disorders, mandating the provision of qualified representatives for those found incompetent to represent themselves in immigration court.

Our evaluations carefully assess cognitive functioning, mental health status, and the individual’s ability to participate meaningfully in their legal proceedings. We provide detailed reports that address the legal standards for competency in immigration court, supporting attorneys and the court in ensuring due process and fair treatment for all individuals.