Common Types of Immigration Psychiatric Evaluations

USCIS or your attorney may request a psychiatric evaluation for many different reasons. Here are some of the most common:

601(A) Extreme Hardship of Family Member

The 601(A) waiver applies to family members of US citizens (or green card holders) to avoid deportation if this would cause an extreme hardship to the US citizen. This is our most frequent type of immigration psychiatric evaluation. Types of hardships may be quite varied but would include medical problems of the citizen or family member, needing the family member to help with the family, loss of financial support from the family member, deportation leading to employment or educational problems for others, or deportation would lead to other psychiatric disorders in family members, among many others. Our most common diagnoses for 601(A) cases include major depressive disorder, adjustment disorder, generalized anxiety disorder, and post-traumatic stress disorder.

N-648 – Cognitive Impairment Waiver for Citizenship Examination

The N-648 waiver excuses the applicant from having to undergo the citizenship examination due to cognitive or language problems. We will assess and report the applicant’s language and cognitive skills, including administration of cognitive tests. In some cases, panic disorder may have previously prevented the applicant from passing the test. Common diagnoses include dementia and other cognitive disorders, developmental disorders (including autistic spectrum disorder), panic disorder, major depressive disorder, and generalized anxiety disorder.

Political Asylum

Citizenship applicants who have been persecuted or mistreated in their home country because of their political opinion, religion, race, gender, nationality, or belonging to a particular social group, are eligible for political asylum. Our evaluation will document the specific group to which you belong as well as the details of the persecution/mistreatment. In addition, the applicant will be screened extensively for acute stress disorder, post-traumatic stress disorder, panic disorder, major depressive disorder, and generalized anxiety disorder.

U-Visa – Victims of Trauma/Abuse

If the applicant has suffered trauma or abuse in the US, they may be eligible for a U-Visa. Our evaluation will document the trauma or abuse as well as describe the course of subsequent psychiatric symptoms. Common diagnoses include acute stress disorder, post-traumatic stress disorder, major depressive disorder, and panic disorder.

Violence Against Women Act (VAWA)

Citizenship applicants who have been persecuted or mistreated in their home country because of their political opinion, religion, race, gender, nationality, or belonging to a particular social group, are eligible for political asylum. Our evaluation will document the specific group to which you belong as well as the details of the persecution/mistreatment. In addition, the applicant will be screened extensively for acute stress disorder, post-traumatic stress disorder, panic disorder, major depressive disorder, and generalized anxiety disorder.

Deferred Action for Childhood Arrivals (DACA)

If the applicant has suffered trauma or abuse in the US, they may be eligible for a U-Visa. Our evaluation will document the trauma or abuse as well as describe the course of subsequent psychiatric symptoms. Common diagnoses include acute stress disorder, post-traumatic stress disorder, major depressive disorder, and panic disorder.

T-Visa – Victims of human trafficking (and their families)

A T-Visa may be given to human trafficking victims (and their families) if they cooperate with law enforcement in prosecuting the traffickers. The T-Visa will allow the applicant to remain in the US, if they would suffer extreme hardship if deported. This typically includes expected retribution by the traffickers on the applicant and family, or likelihood of being revictimized and re-trafficked. In addition, the development of mental or physical disorders during the trafficking process and absence of adequate treatment in the home country. Our evaluation will document and describe the victim’s trafficking history as well as screen for all psychiatric disorders. Common diagnoses include acute stress disorder, post-traumatic stress disorder, major depressive disorder, panic disorder, and obsessive-compulsive disorder.

Competence Evaluation

Some immigration applicants have been unable to successfully complete their immigration interview and may be sent for an evaluation for competence to testify.   Problems leading to the impairment can include panic attacks, language problems, and cognitive impairment.   The immigration psychiatric evaluation will lead to a DSM diagnosis and discussion and recommendations of how to proceed.   Most common diagnoses include panic disorder and cognitive disorder.

Criminal Offense - Risk of Recidivism

Immigration applicants who have been convicted of a crime may need an immigration psychiatric evaluation to determine the risk that they will continue to commit crimes after receiving a visa. This evaluation may be critical for deciding whether to award the visa. Our evaluation will provide DSM diagnosis and research-based discussion of likelihood of recidivistic criminal activity. In addition, we will provide a written assessment of the duration and course of the criminal activity as well as whether it was specifically related to the immigration process.