What is a psychological assessment for immigration based on extreme hardship and asylum?
The U.S. Citizenship and Immigration Services (USCIS) states that people can apply for asylum when they are persecuted or at risk of persecution because of their race, religion, nationality, membership in a particular group, or political beliefs.
Individuals who have endured great hardship may also file asylum applications with USCIS. This hardship may result from interpersonal violence, human trafficking, political oppression or violence, forced labor, or any of these.
You will likely need a psychological evaluation if you want to be able to legally immigrate as an asylum seeker, obtain work authorization, and gain access to the medical care you need.
Who should be subject to a psychological evaluation for immigration purposes?
Most hardship and asylum applications require psychological evaluations. Your attorney will likely recommend that you, your spouse, and/or your family participate in these evaluations.
USCIS will accept you as an asylum applicant if your psychological evaluation is used as evidence of the suffering and/or persecution you have endured . These reports are detailed 10- to 15-page documents that your attorney can use to support your case in court. Ninety percent of people who undergo a psychological evaluation as part of their asylum application are approved, even though only 30% of asylum seekers overall are granted asylum. You can significantly improve your legal knowledge in just a few hours.
What type of test is done?
Your clinical interview with Dr. Benejam will constitute the majority of your psychological evaluation. Although some patients find this interview daunting, you should view it as an informal conversation with a friendly professional.
We may need to visit you over the course of three or more one-hour appointments to gather the information we need to provide to USCIS and your legal counsel. The complexity of your case will determine how many meetings are required. We want to take some time to discuss any past trauma related to your seeking asylum or immigration based on economic hardship.
Studies have shown how useful psychological evaluations can be in immigration matters. For example, in one survey of asylum seekers, 89% of those who received medical evaluations were granted asylum, compared to the national average of 37.5% of U.S. asylum seekers who did not receive psychological evaluations. (Asylum Grant Rates After Abuse Medical Evaluations Among Political Asylum Seekers in the United States).
In a separate study, it was found that clients whose appeals had expert psychological testimony from a mental health professional were much more likely to succeed than those whose appeals did not (Demonstration of Psychological Hardship: A Statistical Study of Psychological Assessments in Hardship Exemptions).
ASYLUM AND PERSECUTION | For Lawyers.
How Dr. Benejam can help his client
Prior to your client’s evaluation, you must provide Dr. Benejam with a copy of your client’s affidavit, previous medical records, and any other pertinent materials before Dr. Benejam evaluates your client.
The evaluator will create a report to send to U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) if they find physical or psychological evidence to support their client’s claims of torture or persecution. To ensure that any concerns or questions are addressed promptly, it is crucial to maintain close contact with the healthcare provider.
How could a psychologist help me with my legal work?
Behavior, emotional state, cognitive functioning (such as memory or attention deficit disorder), mitigating circumstances, probation, or sentencing can all be addressed during a mental status examination. These assessments are routinely conducted to help the fact judge better understand psychological functioning in relation to legal allegations and are particularly useful in criminal contexts. Examples include DUI arrests (addiction disorders), sex offenses (recidivism), and psychodiagnostic assessments of parental fitness in child protection cases. However, mental health assessments can also be used to address issues in civil contexts, including the workplace (sexual harassment, cyber technology violations). A comprehensive assessment should include observation, targeted inquiry, background research, and psychological testing, which may include customized capacity and personality assessments to address the referral questions.
It is recognized that some diagnoses, such as post-traumatic stress disorder (PTSD), can be overestimated. When used in conjunction with other measures and a good dose of clinical expertise, specially designed psychological tests can be used to determine the validity of such diagnoses or the degree to which symptoms may be exaggerated as a result of external influences. Providing an objective assessment would be challenging for the treating psychologist and should be conducted by a professional who is not loyal to the client and can produce a more objective final product. Psychological claims can be more difficult to prove than physical injuries and are more susceptible to being feigned or faked.
It is well known that a prolonged and stressful legal battle can lead to other problems, such as financial difficulties, marital stress, employment issues, and the various consequences that often follow these situations, including resentment, escalating health problems (such as chronic pain and depression), and occasionally, secondary gain. Through expert-developed psychodiagnostic assessments, all of these elements can be evaluated and presented.
After an assessment has been submitted, expert witness testimony can be helpful in court to better explain the occasionally complex facts in the report and to address questions about the choices that will need to be made regarding the matter at hand.
The purpose of this article is to illustrate to practicing attorneys the additional ways in which the legal system could benefit from the expertise of psychologists beyond basic recommendations for the treatment of psychiatric problems. The following areas of specialization were chosen: employment law and personal injury law.
Psychologists are highly qualified to assess human behavior and the variables that affect it, such as motivation, intelligence, and personality, due to the distinctive nature of the scientific-practical training they received and their competence in techniques such as psychological testing, clinical interviews, and report writing.
The judicial system can greatly benefit from the assistance of psychologists with forensic training by having a greater understanding of the psychological and cognitive aspects relevant to criminal and civil legal processes.
Schedule a consultation today!
Call Dr. Benejam at (305) 981-6434 / (561) 376-9699 or contact us online for a personal consultation with him.
Dr. Benejam will evaluate his client’s situation in detail and help him achieve success.
Your immigration status is very important to you, your family, and your future!
Taking the right steps can make a huge difference in your life. Regularizing your immigration status will give you peace of mind to focus on the future and your family!
