Does immigration require a psychological evaluation?
Psychological and mental health examinations are frequently used to support immigration claims. They can be used to demonstrate great hardship or the emotional impact of being a victim of a crime in court in support of an immigration petition.
Millions of immigrants live in the United States. Many are here legally, while others live in the shadows; some have been deported or prevented from joining their family in the United States, or else live in terror of being separated from their loved ones, as illustrated by these immigrant experiences.
Many immigrants have lived in the United States for decades; they have families with American citizens; they own companies; they attend college; they work and pay taxes. Every day, many of these people face severe restrictions that can result in lifelong exile and separation from their families.
Our recent success in securing refuge for our Venezuelan client, Clara, was a collaborative effort between her lawyer and Dr. Benejam. She did not report the incident to authorities back home, but we were able to get her a psychological evaluation in the US.
She overcame her trauma with Dr. Benejam’s guidance and contributed to a solid record for her case. In her own country, gang members persecuted her and her kid. Due to several factors, the Immigration Judge granted her asylum.
Clara can move on with her life with her kid now that she has been in the United States for five years and knows she has stability and a future here.
Now, she was able to find a good job in her expertise area with a fair salary and no longer feels the fear that usually plagues most immigrants when they too are still in the dark, working in sub-paid jobs, and being mistreated because they still have no work permit.
After waiting a year, those who have received refuge can apply for green cards.
Based on an investigation of 746 asylum applicants conducted between 2020 and 2022, 89% of cases that presented a psychological examination as proof were granted protection. This is more than 50% greater than those who did not provide an evaluation.
Marta sought protection under VAWA after her husband, who had perpetrated years of physical, emotional, and verbal abuse against her, attempted to carry out his murder-suicide plan.
He described to Marta how their sons would come home from school and find him hanging from the rafters of the garage and her lying strangled in the bed.
Ultimately, Marta was able to escape from her husband during his attempted murder of her, but he did end up committing suicide. As such, it was clear her husband was not merely threatening her life – he fully intended to take both their lives that day.
After that nightmare, Marta came to Dr. Benejam’s location, looking for mental help for her and her child, and they finally got it. They assisted in trauma therapies with Dr. Benejam for some time, which helped them the most.
Also, Dr. Benejam, make a psychological evaluation of her in order to support her self-petition for their legalization.
Marta self-petitioned for the legalization of her immigration status as a battered spouse.
She was approved and later obtained legal permanent residency.
Marta is now a productive member of society, volunteering as a Eucharistic minister with her church and volunteering with senior citizens.
Marta has also raised two upstanding U.S. citizens.
Marta is proud of her children and selflessly supports them in their successful lives.
Refusing to have a psychological examination to present as evidence of marital abuse and your true marital status.
Seeking a psychologist’s assessment can be a game-changer when proving abuse or the legitimacy of a marriage. To their detriment, many people who may profit from this approach to bringing their case do not even consider it. Even so, expert testimony can help clarify the situation for the judge and provide facts to support your argument.
U-VISA CASE (Victims of Crime)
Doris is a florist who worked with her partner at their florist store and spent all of their time together. Her partner began taunting her, which escalated to severe treatment—shoving and kicking. This might occur twice or three times every week.
He was continuously telling her that it was her fault that he beat her. Doris became pregnant, and the assault grew more severe. Her attacker would punch her, kick her in the stomach, and strike her with an electrical cord.
Her lover pledged to change when their son was born, but it didn’t last. He began striking her again, particularly when the baby wailed. “I intended to leave him, but I hadn’t got anywhere else to go, and I was in love with him,” Doris told Dr. Benejam.
While Doris was pregnant with their second child, her attacker began hitting her and whipping the back of her legs with the electrical cable because he was upset that their son was screaming. She grabbed her son, slid out a bedroom window, and went to a neighbor’s house as he left.
She went to the hospital two days later because she was bleeding and was informed the baby was in danger. Doris’ baby died just two hours after she was born. Her abuser was apprehended. Doris worked with law enforcement to bring him down.
She didn’t know that she could apply to get a U visa and strengthen her case with a psychological evaluation until her lawyer advised her.
That was the moment when she called Dr. Benejam to get assistance with the psychological assessment, and then she eventually filed for and was given a U visa.
Doris has returned to work full-time in the florist shop and has her own apartment thanks to the assistance of her church and advocates.
She gives back to the community by assisting other victims of crime and sexual assault.
If you believe you are qualified for a U visa, Vawa visa, or Asylum visa but find the procedure daunting, get assistance from a lawyer and Dr. Benejam, who have expertise with that sort of visa application process and can assist you and strengthen your case.