Medical Disability Exception (Form N-648)

Medical Disability Exception is a provision of U.S. Immigration Law that allows exemption from English and Civics test requirements due to an existing physical, mental, or developmental impairment that has lasted, or is expected to last at least twelve months.  USCIS indicates N-648 Forms should be completed and certified by a licensed professional such as Doctor of Medicine, Doctor of Osteopathy, or Clinical Psychologist. 

Competency to Participate in Immigration Proceedings (Matter of M-A-M)

Issue of incompetency may be raised in some immigration court proceedings. The purpose of the evaluation is assist the immigration court by ascertaining whether the person in  removal proceedings  “has a rational and factual understanding of the nature and object of the proceedings, can consult with the attorney or representative if there is one, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses (See Matter of M-A-M-, 25 I&N Dec. at 479. )”. 

Extreme Hardship Waiver

Extreme hardship waiver may apply when separation from or relocation with a family member due to pending removal procedures will cause a citizen or lawful permanent resident an unusual degree of difficulty beyond what would be considered common consequences of family separation. USCIS considers expert opinions and mental health documentation and evaluations by licensed professionals as possible types of supporting evidence for supporting an extreme hardship application. Psychological evaluations for extreme hardship can assist with showing the severity of psychological and psychosocial impact of pending family separation or relocation based on unique circumstances of the applicant. 

Application for Asylum and for Withholding of Removal

Refugees and asylum seekers worldwide are at greater risk for mental health problems and psychological disorders. Some of the goals of the psychological evaluation for asylum applications are to determine the presence and evaluate the severity of psychological difficulties resulting from abuse and trauma,  establish evidence for well founded fear of persecution inherent in the I-589 application, assess the credibility of the  claims raised, document findings consistent or inconsistent with the claimed persecution, and explain behaviors associated with genuine trauma experience which may otherwise be misinterpreted such as perceiving avoidance behaviors associated with trauma as evasiveness or unwillingness of the asylum seeker. 

Application for U Nonimmigrant Status

U-Visa applies to victims of certain types of serious crimes who are willing to assist law enforcement in the investigation or prosecution of criminal activity.  The U Nonimmigrant status allows living and working in the United States legally. U-Visa reflects Department of Homeland Security’s trauma-informed, victim-centered approach to combating serious crime which values identification and stabilization of victims, including providing immigration relief, and detection, investigation, and prosecution of perpetrators of serious crimes. The purpose of psychological evaluations for U nonimmigrant status applications is to assess and describe the presence and/or degree of psychological harm caused by being victim of the crime, and identify any mental health conditions associated with experiencing abuse and trauma.

Violence Against Women Act (VAWA) Evaluations

Under VAWA, an individual of any gender identity who has been a victim of battery or extreme cruelty committed by A U.S. citizen spouse or former spouse, a U.S. citizen parent, a U.S. citizen son or daughter, a lawful permanent resident spouse or former spouse, or a lawful permanent resident parent may have eligibility for becoming a lawful permanent resident. A psychological evaluation for VAWA helps determine the presence and severity of psychological and mental health consequences of physical, verbal, sexual, financial, or emotional abuse.  

T-Visa for Survivors of Human Trafficking

T nonimmigrant status, also called T-Visa, applies to victims of crimes involving exploitation of an individual for forced labor, services, or commercial sex. T-Visa allows the victim of human trafficking stay in the US legally for the purpose of assisting the law enforcement in investigating and prosecuting the perpetrators of human trafficking. Psychological evaluations during the T-Visa application process can assist with determining and documenting the impact of human trafficking on psychological and mental health of the victim.