CLINICAL EVALUATIONS
FOR IMMIGRATION CASES
What Are They?
Clinical immigration evaluations are assessments completed by a licensed mental health clinicians that provide evidence for a legal immigration case based on the individual's psychological symptoms and the impact on their mental and/or emotional well-being.
Why Do They Matter?
For many immigration cases, these evaluation are the dealbreaker in a successful outcome!
Outside of a clinical evaluation, there may be little to no other information available to present to the court that provides evidence of psychological symptoms, so people choosing to include an evaluation in their case often do so because it can be one of the main deciding factors in determining whether the individuals are granted the opportunity to stay together with their families or are saved from returning to life-threatening conditions in their country of origin.
“Asylum seekers and other immigrants who obtained forensic medical evaluations were granted protection in the United States in 81.6 percent of cases facilitated by Physicians for Human Rights (PHR) between 2008 and 2018, nearly twice the national asylum grant rate of 42.4 percent during the same period.”
The clinical reports provide a breakdown of psychological diagnoses and symptoms, a biopsychosocial assessment inclusive of relevant trauma history, an explanation of functional impairments, and psychoeducation as it pertains to the specific nature of the case. I have specialized training in conducting evaluations for legal cases, so the reports are structured with the specifics of your case in mind and utilize templates that have demonstrated high rates of success and factor in direct feedback from immigration officers, judges, and lawyers.
During the evaluation, the individual will likely complete clinical interviews, self-assessments scales, and observations to assess their mental health conditions. The goal is to understand how the individual’s immigration status may impact their psychological functioning and provide context and/or support into the claims related to their mental health and the impact of trauma experienced in their country of origin during the immigration process.
TYPES OF CASES
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An extreme hardship waiver is a request made to the United States government that allows an individual to remain in the United States despite certain inadmissibility grounds.
To qualify for an extreme hardship, the applicant must demonstrate that their removal from the states (or relocating their family) would result in extreme hardship for the qualifying relative, which could be a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
Extreme hardship is not specifically defined by immigration law but may include factors such as medical conditions, financial considerations, psychological impact, and/or disruption to family ties.
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An asylum application is submitted by individuals who have either directly experienced or have fear of experiencing life-threatening trauma and persecution in their country of origin.
There is a one-year filing deadline for asylum-seekers, though many do not meet this deadline for a number of factors which may include language or cultural barriers, limited access to resources, lack of information about the U.S. legal process, and/or the impact of psychological symptoms inclusive of fear and shame.
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VAWA cases are used to help victims of domestic violence and abuse of any gender petition for citizenship independent of their spouse, child, or parent that is a U.S. citizen or legal resident.
To qualify, the individual must demonstrate that they were the victim of domestic violence via the physical and/or psychological effects, which is done through the exploration of their trauma history and relationship dynamics related to power and control.
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A cancellation of removal can be requested by undocumented individuals that would allow them to remain in the U.S. despite facing deportation.
To be eligible, individuals must demonstrate good moral character and establish that their removal would result in exceptional and extreme hardship to qualifying family members who are U.S. citizens or legal residents.
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U Visas are granted to individuals who have been the victim of a crime and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
The application for a U Visa focuses on the physical, psychological, and emotional consequences of the crime and highlights the impact on the individuals’ ability to function in daily life.
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T Visas are very similar to U Visas, with the exception that they provide immigration relief to individuals that have been the victim of human trafficking and are willing to assist law enforcement and government officials in the investigation and/or prosecution of the criminal activity.
The application for a T Visa focuses on the physical, psychological, and emotional consequences of the crime and highlights the impact on the individuals’ ability to function in daily life.
THE PROCESS
Step 1:
Let’s make sure I’m a good fit!
After you’ve submitted an email or inquiry on the contact page, you’ll receive a response from me with a breakdown of what the service entails and some questions about the details of your case. These will include:
Are you currently located and residing in either the state of California or Idaho? You must be physically located in either of these states for us to move forward.
Are you currently working with a lawyer, or have you received any legal counsel?
What type of legal immigration case do you have?
The evaluations are conducted in English, so we will also determine at this time whether interpreting services are needed and what those options may look like based on your specific circumstances.
At this point, we will determine if it makes sense for us to continue working together move forward with the intake process!
Step 2:
Let’s gather some information and complete the intake!
The intake packet includes all information related to our business agreement, inclusive of informed consent, telehealth consent, the fee agreement / pay structure, and authorization for me to speak with your lawyer about the case.
You may also receive a few questionnaires to gather more details about you and your family, relevant work history, the reason you left your country of origin, and some of your mental health symptoms.
Once these have all been completed and returned, we’ll schedule our first meeting!
Step 3:
Let’s tell your story!
We will likely meet for 2 separate interview appointments, each lasting about 1 hour - 1.5 hours, where you’ll have the opportunity to tell your story and explain the reasons you are petitioning for citizenship or the ability to remain in the U.S.
Going through the legal system can be very scary and stressful, so my goal is to create as much safety and comfort as possible while you share your experiences.
After the interviews have been completed, you (and your lawyer) will receive a detailed clinical report from me to review that outlines what we talked about and highlights the factors that are most likely to influence your case.
And then we’re done!
WHAT’S INCLUDED
A clinical interview (2-3 hours of face-to-face time with you and relevant family members)
Consultation with your lawyer to discuss the specific type and needs of your case and any special considerations
A detailed report (usually 10-12 pages in length) outlining psychological functioning and impairments, diagnostic information, relevant history, clinical credibility, and psychoeducation
Revisions to the report if necessary and clinically appropriate
Coping strategies to help you manage the stress of the evaluation process and future stressors as you continue to navigate your immigration case