Introduction

In America’s current political climate, immigrants are feeling increasingly threatened regarding their legal status. A rise in anti-immigrant rhetoric and policies aim to increase removals, and this has a crippling effect on the mental health of immigrants and their loved ones (Stand With Immigrants, n.d.). 

Thousands are seeking legal counsel in order to protect their status and remain living in the United States, and many of these legal representatives are looking to psychologists for psychological evaluations of their clients.

Why would attorneys be seeking counsel from psychologists? There are several reasons why this is taking place. Throughout this article, I will explain the ways in which psychological evaluations can be a vital component to a strong defense against deportation.  

The Ways in which Psychological Evaluations Help 

1. Psychological evaluations help immigrant children.

Psychological Evaluations can take the form of extreme hardship waivers. If the person with no status has children who have special accommodations for special education curricula, and this access to this education is not possible outside of the United States, it is possible to prove extreme hardship in a psychological evaluation to allow the children to continue their education in the United States. 

Psychological evaluations also show extreme stress and mental health problems that arise due to potential deportation of an immigrant with no status. It can be shown that separation from a parent with no status would cause extreme stress and harm to children of that parent. 

According to Dr. Joseph Giardino, PhD (n.d.). Psychological evaluations are “…critical in predicting the impact of separation on the family member’s social and emotional functioning—for instance, the likelihood of severe psychiatric decompensation.”

2. Psychological evaluations support spouses.

In immigration cases involving domestic abuse, psychological evaluations can be critical for allowing non-status women to remain in the country to protect them from falling victim again to gender-based violence if deported.

3. Psychological evaluations help in political asylum cases. 

Psychological evaluations in political asylum cases help to show how political persecution and/or violence in one’s country of origin can lead to psychological distress (Boodman, 2017). Asylum evaluations often reflect Posttraumatic Stress Disorder (PTSD) and trauma-related conditions suffered by non-status individuals. Key insights such as diagnoses are the result of multiple clinical interviews, and sometimes can also be the result of neuropsychological testing.

4. Psychological evaluations help with i-601a waivers.  

A psychological evaluation helps demonstrate the hardship a family would go through if forced to separate from a non-status family member. A psychological evaluation can also be helpful in a circumstance in which a husband/wife or family member currently resides in another country and is deemed inadmissible to the United States (i-601 waiver). 

This waiver exists to (a)promote family unity and (b)lessen the uncertainty and risk that came with the old waiver application method. It is easily accessible and downloadable with an internet connection. Contact an i-601a waiver immigration psychologist to help with an i-601a waiver completion.

This post has been sponsored by Miromind