How a Mental Health Evaluation Can Support Your Immigration Case

Many immigrants in the United States, both documented and undocumented have been in a state of panic since the exit of the Biden administration in January. With new executive orders for mass deportations and the challenging of birthrights, widespread fear and anxiety have become rampant. In my practice, I began getting phone calls immediately following the results of the presidential election in November. People were scared that their loved ones might be deported. People were worried that their immigration petitions might be denied. People became stressed as they considered potential legal challenges ahead. I did not have any specific answers or solutions for these people, but I could offer assistance and provide them with a tool that could support and strengthen their immigration cases; I completed psychological evaluations to accompany their immigration petitions. These evaluations provide critical support for an immigration application by documenting psychological distress, trauma, or other conditions that may impact an applicant’s eligibility or need for protection. Let’s talk a little more about these evaluations.

What Is a Mental Health Evaluation for Immigration? 

A mental health evaluation is a professional psychological assessment conducted by a licensed clinician (such as a psychologist, social worker, or psychiatrist). This evaluation provides a detailed report that can be used as evidence in immigration cases where mental health plays a significant role.  

When Is a Mental Health Evaluation Helpful?  

A mental health evaluation can be useful in several types of immigration cases, including:  

✅ Asylum Cases: If an individual has suffered persecution, abuse, or trauma in their home country, a mental health evaluation can document conditions like PTSD, anxiety, or depression that resulted from these experiences.  

✅ Hardship Waivers (601/601A Waivers): For immigrants seeking waivers based on the extreme hardship a U.S. citizen or lawful permanent resident family member would face if they were deported, a mental health evaluation can help demonstrate the emotional and psychological impact on the family.  

✅ U Visa & VAWA (Violence Against Women Act) Cases: Survivors of domestic violence, human trafficking, or other crimes may need a psychological evaluation to support their claims of emotional and physical abuse.  

✅ T Visa (Trafficking Victims): Those who have been victims of human trafficking can use a mental health evaluation to document psychological trauma and strengthen their case.  

✅ Competency Evaluations for Immigration Court: If a person is unable to fully understand legal proceedings due to a mental health condition, an evaluation can help determine whether they are competent to proceed with their case.  

What Does the Evaluation Process Involve?  

1️⃣ Clinical Interview: The licensed professional will ask about your personal history, trauma, mental health symptoms, and the impact on daily life.  

2️⃣ Psychological Testing (if needed): Some clinicians may administer standardized tests to assess conditions like PTSD, anxiety, or depression.  

3️⃣ Written Report: The evaluator will prepare a detailed psychological report, which your immigration attorney can submit as evidence.  

Why Is a Mental Health Evaluation Important?  

✔ Strengthens your case with professional medical evidence  

✔ Documents trauma or hardship in an objective way  

✔ Provides support for asylum, waivers, and other applications  

✔ Increases the chances of a favorable decision from immigration authorities  

Finding the Right Professional  

For the evaluation to be effective, it should be conducted by a licensed mental health professional experienced in immigration-related cases. It should not be assumed that all mental health professionals are able to conduct these evaluations. It is important to seek a clinician who has been properly trained in completing immigration psychological evaluations. As always, it is recommended to utilize a clinician who is culturally sensitive, and able to respect and recognize the specific needs of your culture. Many clinicians offer bilingual services and sliding-scale fees to accommodate applicants’ financial situations.  

If you or a loved one needs a mental health evaluation for an immigration case, speak with your immigration attorney and seek a qualified mental health professional to guide you through the process. If you are a resident of CA, FL, MD, MI, NY, or VA, I am able to support you with this evaluation. Schedule a free consultation today. 

Have questions? Drop them in the comments below!