Immigration Assistance: Clinical Mental Health Evaluations

This clinical evaluation is designed for individuals seeking Lawful Permanent Resident (LPR) status who may not meet standard eligibility requirements due to factors such as past deportations, criminal history, or unauthorized entry. The assessment examines the cumulative hardship an individual, or their qualifying relative, would face if separated or forced to relocate. It includes a comprehensive review of social, cultural, economic, medical, and psychological factors, as well as current conditions in the current country or country of origin. For these evaluations, I often speak directly with the U.S. citizen or lawful resident to assess the emotional, financial, and psychological hardship they would face in their loved one’s absence.

This assessment often involves an imminent response to a crisis, such as an individual facing active deportation or removal proceedings. These cases usually involve an attorney and court appearance to demonstrate on how a U.S. citizen or LPR (lawful permanent resident)— a child or close family member—would suffer exceptional hardship if their loved one were removed from the country. Unlike hardship waivers, which are more often pursued proactively over the course of several years, cancellation cases develop in urgent circumstances and are generally more time-sensitive in nature. Though hardship waivers are usually limited to adults, cancellation of removal can also be a meaningful option for children needing relief amidst threats of separation or relocation.

These cases involve asylum seekers or refugees leaving their country due to persecution based on race, religion, nationality, political opinion or membership to a certain social group. Cases are formed on the grounds that the individuals’ government is unable or unwilling to protect them. This assessment investigates psychological harm due to torture and other cruel, inhuman, degrading treatment or punishment. 

Contrary to its name, “VAWA” offers protection to individuals of all genders who have experienced abuse. It allows someone to self-petition for legal status without having to rely on an abusive spouse—particularly when that person has been “battered or subjected to extreme cruelty”.  The Act recognizes “abuse” as not only battery, physical violence, rape, sexual assault, and sexual abuse, but also “extreme cruelty”—which includes non-physical patterns of behavior intended to control, intimidate, or isolate someone (such as emotional, mental, or psychological abuse).

Evaluations for a U Visa case assess the psychological harm to immigrants resulting from qualifying crimes such as domestic violence, trafficking, sexual assault, stalking, blackmail, and many others. Very similar to U Visas, T Visas are for victims of sex trafficking and labor trafficking. In both cases, individuals must be willing to file a report and cooperate with law enforcement and legal officials, unless it would cause the victim further harm.