An immigration psychological evaluation could benefit individuals that are filing for: hardship waivers, asylum, violence against women act (VAWA), U-Visa, or T-Visas. . Psychological evaluations for hardship waivers document the extreme hardship and impact the U.S. citizen or permanent resident would face if the individual is deported. The hardship would also demonstrate the impact of separation from the deported individual as well as the impact on the U.S. Citizen or permanent resident if they would have to relocate to the deported individual’s country of origin. Impacted individuals include parent, spouse, relative, or child of the individual being deported.
The evaluation of hardship could be evaluated in various areas depending on each individual case. The hardship evaluation could demonstrate how the U.S. Citizen or permanent resident’s medical, educational, financial, and mental health and other personal considerations could be impacted if the individual is deported to their host country and the U.S. citizen or permanent resident remains in the U.S. The hardship evaluation would also demonstrate how the U.S. citizen or permanent resident’s life would be impacted if they had to move with the deported individual to their home country. The evaluations also consist of using various assessments to demonstrate impact on mental health if indicated.
Individuals also file for other immigration evaluations which are sometimes referred to as trauma immigration evaluations. These include asylum, VAWA, U-Visa, or T-Visa. Individuals filing for asylum evaluations must meet the criteria for refugee and decision to leave their country due to fear of persecution. The fear of persecution based on: their political opinions, race, religion, nationality, or being a member of a particular social group. The psychological evaluation demonstrates the mental health impact of the persecution on the asylum seeker. The psychological evaluation provides information on relevant pre-torture history, chronology of torture or ill treatment, background information, mental health symptoms and diagnosis if indicated, and current symptoms. The asylum evaluation also conducts various assessments to gather information on current mental health symptoms. According to several sources including Physicians for Human Rights (PHR) individuals that have psychological evaluations with their asylum case have significantly more success in gaining asylum compared to those that don’t.
Another type of immigration trauma evaluation is a VAWA assessment. This assessment is named after VAWA was passed in 2000. VAWA is a type protection for individuals that are victims of violence or other forms of extreme abuse that are not citizens. It also recognizes the impact of domestic violence or spousal abuse on women or men that do not have legal status and the special vulnerabilities and risks associated with this population. When there is spousal abuse VAWA recognizes the multiple fears, and barriers that these individuals have when attempting to leave abusive relationships, in this case with their partners that are a U.S. citizen or a legal permanent resident of the United States. In cases where there is spousal abuse, a woman or a man from a foreign country marries a citizen or a legal permanent resident of the United States. VAWA allows the victim to be able to file independently for permanent residency.
Psychological evaluations for individuals filing a petition for VAWA would provide information about the nature and extent of the violence and/abuse as well as its impact on the individual. Psychological assessments would include information about the individual’s background covering various areas such as: education, family of origin, reason they migrated to the United States, employment history, relationship history, and other pertinent information. Then information about their life in the United states, and family history would also be documented. The trauma and mental history would also be documented. Information about the violence and abuse history would be key for the psychological evaluation. Various assessment measures that are key for this type of evaluation would be provided to evaluate mental status, mental health symptoms, and impact of the trauma on the individual’s mental health. The report would also include diagnostic impressions if applicable and recommendations.
A third type of immigration trauma evaluation is for U-Visa applicants. This visa was created by The Victims of Trafficking and Violence Protection Act of 2000. This visa helps law enforcement agencies to investigate and prosecute various crimes such as: domestic violence, sexual assault, human trafficking, female genital mutilation, kidnapping amongst other crimes. If victims of these crimes are helpful to law enforcement in their investigation efforts and they have been able to show that there has been a significant impact on them physically or mentally, they may be able to get immigration protection. The psychological evaluation evaluates the scope and extend of physical and mental health consequences on the victim’s life. The psychological evaluation would provide pertinent background information and life in their country. Information about the reasons why they left their country of origin would be documented as well. The evaluation would also include information about the victim’s trauma history, and impact of the trauma on their ability to function in various areas. Information about the crime would also be provided. Assessments would be used to evaluated mental health symptoms including a mental status exam. Diagnostic information that matches with the assessment tools, the mental health symptoms that have been described, and diagnosis if applicable would also be provided. The evaluation would conclude with recommendations.
The final immigration trauma evaluation is a T-Visa. The Victims of Trafficking and Violence Protection Act of 2000 created this visa. This visa in contrast to the U-Visa is specifically to provide protection for individuals that have been victims of extreme forms of human trafficking. Multiple types of human trafficking are covered for this visa. Like the U-Visa if victims assist law enforcement in their investigation or prosecution of traffickers, they may be able to remain in the United States. The psychological evaluation for T-Visa victims would evaluate the scope and extent of being trafficked. It would also evaluate the mental health and/physical consequences of being trafficked on their lives. Like the other immigration evaluations background information of the victim’s life would be documented in their host country in addition to the reasons why they left the country. Pertinent information for individuals that were trafficked across country borders would also be provided. Information about the history of trafficking would be included. This would also include any attempts made to inform law enforcement about this and the results. The mental health history, trauma history, and impact of the trafficking on their functioning would also be documented. Assessment tools would also be used to further evaluate mental health symptoms and provide diagnostic clarification. If a client meets criteria for a diagnosis this would be included in the report including recommendations and a brief summary.