The Power of Psychological Evaluations

Selecting a Mental Health Professional for an Immigration Psychological Evaluation

Not all mental health professionals are trained or experienced in conducting evaluations for immigration cases. When choosing a provider, consider asking:

• How much experience do you have with immigration evaluations and report writing?
• Are you familiar with my specific type of immigration petition (Asylum, VAWA, etc.)?

At SK Mental Health Counseling Services, our team—led by Silvia Kaunas, LMHC—has extensive experience working with immigrants, survivors of violence, and vulnerable populations across New York, New Jersey, Florida, and Texas. We offer services in English and Spanish, both in-person and via secure telehealth, making the process accessible and compassionate.

The Importance of Truthful Disclosure in Psychological Evaluations

At SK Mental Health Counseling Services, PLLC, we are dedicated to delivering high-quality, ethical, and evidence-based mental health and forensic services. A fundamental aspect of any psychological or psychosocial evaluation is the accuracy and honesty of the information provided by the client. For this reason, we emphasize the importance of truthful disclosure throughout the evaluation process.

Clients are asked to understand that all information shared during clinical interviews, psychological testing (if applicable), and any other part of the assessment must be truthful and accurate to the best of their knowledge. Any intentional misrepresentation or omission of relevant details can significantly compromise the validity of the evaluation and its overall outcome.

Whether the evaluation is conducted for immigration, legal, or clinical purposes, the credibility and usefulness of the final report depend on the integrity of the information gathered. Full transparency not only ensures an accurate psychological assessment but also strengthens the support we can provide through our professional documentation.

What to Expect During a Psychological Evaluation

Once you find a qualified mental health clinician, schedule an appointment for the evaluation, which typically lasts several hours and may occur over multiple sessions.

For more detailed information, refer to our guide on Everything You Need to Know About Getting a Psychological Evaluation for Your Immigration Case.

After the evaluation, the clinician will prepare a report to be submitted as evidence in your case. Occasionally, the clinician may testify about their report in immigration court if necessary.

A psychological evaluation is not just a clinical document—it’s a powerful tool that gives voice to your lived experience and adds credibility to your immigration petition. Whether you are pursuing asylum, applying for a hardship waiver, or seeking protection under the T or U Visa, our evaluations can make a critical difference in your legal journey.

The Critical Role of Psychological Evaluations in Immigration Cases: Strengthening Petitions Through Clinical Evidence

Navigating the U.S. immigration system can be overwhelming, especially for individuals facing trauma, abuse, or extreme hardship. One highly effective and often essential tool in strengthening immigration petitions is the psychological evaluation. At SK Mental Health Counseling Services, PLLC, we specialize in conducting culturally informed and trauma-sensitive evaluations that support a wide range of immigration cases—including asylum, U Visa, VAWA, T Visa, and hardship waivers.

Why a Psychological Evaluation Matters

Psychological evaluations provide expert documentation of the emotional and psychological impact of an individual's experiences. These assessments can serve as compelling evidence for attorneys and immigration judges when making determinations on legal status. In fact, a 2021 study showed that 81.6% of immigration cases involving a psychological evaluation were approved, compared to a 42.4% national average for asylum cases. This suggests that evaluations can significantly increase the chances of approval.

Key Benefits of a Psychological Evaluation

• Trauma Documentation: Clinically supported accounts of psychological symptoms resulting from past persecution, domestic violence, or crime.
• Abuse Verification: Evidence of emotional or psychological harm, crucial for VAWA and U Visa applications.
• Hardship Assessment: Detailed analysis of how deportation would negatively impact a U.S.-based family member’s emotional and mental health.
• Mental Competency Documentation: Clarification of an applicant’s cognitive and emotional ability to engage in legal proceedings.

Types of Immigration Petitions That Benefit from Psychological Evaluations

• Asylum: To support claims of past or future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
• U Visa: For victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement.
• VAWA (Violence Against Women Act): For victims of domestic abuse by U.S. citizens or permanent residents.
• T Visa: For survivors of human trafficking who meet specific eligibility requirements and face hardship if deported.
• Hardship Waivers (I-601, I-601A, Cancellation of Removal): To establish extreme emotional or psychological hardship on qualifying relatives.

What to Expect in the Evaluation Process

• 1. Initial Consultation: A comprehensive interview to gather personal, medical, and immigration history.
• 2. Clinical Assessment: Use of standardized tools to evaluate emotional, cognitive, and psychological functioning.
• 3. Report Preparation: A detailed, evidence-based report tailored to the specific legal petition.
• 4. Follow-up Support: In some cases, clinicians may be required to testify or provide clarification to legal counsel.

Benefits of Evaluation

In this era of attempts to criminalize asylum seekers and tightened legal protections, psychological and medical evaluations are becoming increasingly critical to immigration cases. Psychological and medical reports can count as the “evidence” required by the Real ID Act. The inclusion of these reports is important, as many asylum seekers are forced to flee without hard evidence of abuse, such as documents or death threats, and experiences of trauma and abuse are widespread. One study of children fleeing violence in Central America found that 76% had one or more major mental health issues that stemmed from trauma and that 78% had experienced direct physical violence. As psychological and medical reports can report on both mental health conditions and physical evidence of abuse, they are particularly beneficial.

Although few studies have assessed the quantitative impact of psychological and medical evaluations on the legal outcomes of asylum cases, an analysis of 746 asylum seekers from 2000- 2004 yielded results of an asylum grant rate of 89% with the evaluation, compared to the then national rate of 36%. A subsequent 2006-2010 study that analyzed known outcomes of 806 cases that included medical or psychological evaluations found a 90% grant rate. These numbers suggest a tremendous quantitative legal benefit to asylum seekers who are able to present medical and psychological affidavits in support of their asylum cases. Retrieved from Psychological and Medical Evaluations: Asylum Seekers, Ethics, and the Law By Jane CooperMarch 14, 2021Articles, Peer-Reviewed Articles

Contact us today to schedule a consultation or to learn more about how we can support you and your attorney with trauma-informed, culturally competent psychological evaluations.