Tag Archive for Immigration

Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) allows some victims of spousal abuse or domestic violence to attain lawful immigration status without the spouse’s petition. An immigration attorney may request a psychological evaluation to assess the client’s current mental state and assess the emotional impact of the abuse endured. Psychological evaluations may be used to document…

Political Asylum

Psychological evaluations serve to document the impact of mistreatment, abuse, or persecution inflicted in a foreign country. The emotional impact may include the development of formal mental health disorders such as Major Depressive Disorder and Posttraumatic Stress Disorder. The psychological evaluation includes a clinical interview and testing of the person applying for asylum. The psychological…

Spousal Abuse / Domestic Violence Evaluations

Psychological evaluations performed on an individual who has been abused by his/her spouse who is a citizen or legal resident of the United States. Psychological evaluations document the nature, severity, and frequency of the abuse. The evaluations also document the consequences of the abuse, which may include Depression and Posttraumatic Stress Disorder.

U Visa Psychological Evaluations

Some immigrants who have been the victims of serious crimes may be eligible for U Visas. When applying for U Visas, psychological evaluations are used to assist in documenting the substantial physical or mental abuse suffered after being the victim of a serious crime. The U Visa applicant may have endured serious crimes such as…

Dangerousness Evaluations for Bond Hearings

An alien who is not mandatorily detained has the right to a bond hearing. Among the factors considered in a bond hearing is the alien’s dangerousness to society. During a bond hearing, the Immigration Judge considers whether the alien may pose a danger to the safety of other persons or the safety of property. Psychological…

Hardship Waivers

A citizen or resident of the United States (Applicant) may apply for an immigration waiver, if the deportation of a relative causes hardship. A psychological evaluation documents hardships, which may include mental health diagnoses, medical complications, impaired work and social functioning, and financial difficulties. When appropriate, the psychological evaluation explores and documents issues that impair the Applicant’s…

Competency To Participate in Immigration Proceedings

Respondents are presumed to be competent, and no further inquiry into competency is required if there is no indicia of incompetency. If there is indication of incompetence, the Immigration Judge orders a psychological evaluation. The competency standard explores whether the respondent has the ability to meaningfully participate and represent oneself. The standard includes three prongs:…