Immigration in the United States of America: 2022

Migrants walking to the United States Border.

When I think of the possibilities that are available to people who want to take advantage of them, I think of the United States of America, the land of opportunity.
Thousands of people travel across deserts and large bodies of water to arrive on this soil. It’s to create better opportunities to live a higher quality of life.  Many travelers have heard stories of other migrants who have come to this land and have experienced success on US soil. People have heard stories like mine, a place convicted felons can serve years in prison and be released to a society where they can still thrive despite previous mistakes or past judgments over their lives.
As a mental health therapist, one of my favorite services to offer to the community is Immigration Evaluations. These reports offer me the benefit of receiving a break from the practice of therapy and a space to put my skills to practical use.  Psychological evaluations for petitioners of Violence Against Women Act (VAWA) and Asylum seekers are some of the cases we deal with here at Minor to Major LLC.
We appreciate the desire to create better opportunities to live in a land where you have privilege and opportunity.  A psychological evaluation can help attorneys build stronger cases for their clients in immigration court and help them stay in the United States to fulfill those desires to succeed.
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                        Here are 7 Cases When You Might Need a Psychological Evaluation

1: Extreme Psychological Hardship
In an extreme psychological hardship case, a citizen or resident of the United States applies for the immigration waiver because the deportation of a family member will cause extreme hardship for themselves or their family.

2: Political Asylum
In political asylum cases, an individual has been subjected to mistreatment and abuse in their country of origin due to their political beliefs, religious affiliation, ethnic identity, or gender.
In these cases, they are seeking asylum or safety from their country of origin within the U.S.
It is not uncommon for individuals to develop depressive disorders or Post-Traumatic Stress Disorder because of the abuse or mistreatment they endured in their home country.
A psychological evaluation will establish the mental health consequences of prior abuse or persecution.  An evaluation will also help determine how the abuse or will continue to impact the individual in the future.

3: Violence Against Women Act (VAWA)
The Violence Against Women Act (VAWA) provides for immigration benefits to men and women who have been physically and/or mentally abused by their U.S. citizen spouse.
If an individual is undocumented, married to a U.S. citizen, and they are victims of domestic abuse, they may be eligible for permanent residency in the U.S.
A psychological evaluation will help establish the psychological impact that the verbal, physical, or sexual abuse had on the individual.  

4: Citizenship Examination Waiver (N-648)
In these cases, an individual is requested to be waived from taking the U.S. citizenship examination due to cognitive deficits.
Conditions that can cause cognitive deficits include dementia, traumatic brain injury, learning disabilities, or an intellectual disability.
An individual can be evaluated to determine if their claims are valid and the extent to which their cognitive impairment will impact their ability to take the examination. Here at M2M, we are referring our clients to medical professionals and partnering psychologists who are qualified to complete these evaluations.

5: Deferred Action for Childhood Arrivals (DACA)
Individuals petitioning for a waiver under DACA can be denied if they have a serious criminal conviction (e.g., domestic violence).
A psychological evaluation can help determine if their actions and behavior were due to a mental disorder, abuse, or other cognitive deficit.

6: U-Visa
A U-Visa may be granted to an undocumented individual living in the U.S. if the individual can demonstrate that they have experienced substantial mental or physical abuse due to being a victim of a serious crime that occurred in the U.S.
Examples of serious crimes include but are not limited to the following: domestic violence, sexual abuse, rape, murder, torture, kidnapping, and stalking.
The individual must also be willing to help law enforcement and provide information that assists with the prosecution of the individual that committed the crime.
It is not uncommon for victims to develop a depressive disorder or Post-Traumatic Stress Disorder. A psychological evaluation can help establish how the crime mentally impacted an individual.

6: U-Visa
A U-Visa may be granted to an undocumented individual living in the U.S. if the individual can demonstrate that they have experienced substantial mental or physical abuse due to being a victim of a serious crime that occurred in the U.S.
Examples of serious crimes include but are not limited to the following: domestic violence, sexual abuse, rape, murder, torture, kidnapping, and stalking.
The individual must also be willing to help law enforcement and provide information that assists with the prosecution of the individual that committed the crime.
It is not uncommon for victims to develop a depressive disorder or Post-Traumatic Stress Disorder. A psychological evaluation can help establish how the crime mentally impacted an individual.
A psychological evaluation will establish the mental health consequences of the physical or sexual abuse they endured while they were being trafficked.

                                      What Can I Expect During an Immigration Evaluation?

A typical immigration evaluation includes the following:

• An interview with you and close members of your family. The interview will help us understand important psychological, medical, and social background information, and your current level of cognitive and psychological functioning.
• Consultation with your attorney to determine the type of waiver that will be best suited for your case.
• A review of medical, psychological, and other supporting documents that help us have a better understanding of your psychological and emotional functioning.
• If necessary, we will administer psychological tests and questionnaires to help us figure out specific areas where you are having psychological difficulty.
• After we complete the evaluation, we will write a comprehensive report that integrates our findings and give it to you.

Minor to Major is an institute focused on helping minorities of underprivileged and underserved communities thrive within these United States of America. We welcome opportunity, because we know what it means to be the underdog in the fight and win. We enjoy this work so much we have created a training to help other clinicians complete this rewarding service as well.
 
 Jere'My J. Rankins, MA LPC
Lead Therapist at Minor to Major LLC

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