Role of Psychological Evaluations in Strengthening Asylum Claims

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Immigration psychological evaluations help people prove they qualify for asylum because they are afraid of returning to their previous country. During this assessment, the evaluator gathers detailed information about the applicant’s life, current mental health, and background. The evaluator may put together a report and send it to the United States government as part of the person’s asylum application. The authorities then use this information to decide if someone’s fear of persecution is credible.

Getachew & Ansari Immigration Attorneys, P.C. advocates for those who are applying for asylum and are in fear of persecution. As a team of immigrants, we understand the unique challenges that people face as they try to navigate the immigration process in the United States.

We can help by advocating for you during immigration hearings, interviews, and applications and connecting you with resources.

Why Mental Health Evidence Is Important in Asylum Cases

As part of the asylum application process, the person needs to prove that they meet the definition of a refugee under United States regulations. Under these rules, someone may be a refugee if they cannot or refuse to return to their country of origin because they fear persecution.

Types of persecution that may meet this definition could be based on race, nationality, religion, political opinions, and social group membership.

The United States government will want evidence that the person has a credible fear of returning to their country of origin or nationality.

The person can get a psychological evaluation to prove that they, for example, have nightmares, severe depression, or panic attacks because of their experience in their prior country. The United States government can review the report prepared by the immigration psychologist and see what their findings were about the impact of the fear of persecution on the person’s mental health.

Introduction to Psychological Evaluations in Asylum Claims

Psychological evaluations for asylum claims tend to involve more steps than regular therapy.

The goal of this assessment is to understand the person’s background, the conditions in the country they came from, and the reasons why they went to the United States. Additionally, the immigration therapist will want to talk to the person about the persecution or fear of persecution and how it impacts them going forward.

The evaluator may also research the person’s country of origin or nationality. For example, the evaluator may do independent research if a person says their country of origin persecutes people who practice a particular religion.

Common Psychological Conditions Resulting From Persecution

People who face persecution can develop many types of psychological conditions because of it.

For example, they may experience post-traumatic stress disorder (PTSD), which is a condition people can get after witnessing or living through a trauma.

PTSD can impact someone’s sleep and make it difficult for them to fall or stay asleep, or they may have nightmares. PTSD can also cause someone to have flashbacks relating to the event and panic attacks, anxiety, or depression, which can decrease their quality of life.

People who are persecuted may also have anxiety or depression. Living in constant fear or worry about what will happen to them can cause them to react strongly and suddenly. Or, they may shut down and become depressed or struggle with feelings of hopelessness, worthlessness, or a general lack of direction.

How a Psychological Evaluation Is Conducted

An immigration psychologist may handle the evaluation for the asylum claim. They may ask the person to fill out forms beforehand to explain a bit about their background, where they live now, their day-to-day life, and what symptoms they have. Additionally, the evaluator will want to know about the events, threats, or trauma the person went through or experienced.

The evaluator may research some background information about the person’s country of nationality or origin. They may read about the country’s history as well as current events. The therapist performing the assessment will also talk to the person during one or more sessions. At the end of the evaluation, the psychologist will write up a report with recommendations.

The Role of Mental Health Professionals in Asylum Proceedings

Mental health professionals can help applicants prove they qualify for asylum. Therapists and psychologists can evaluate the person’s history, current symptoms, and concerns. Additionally, they can look at the recorded conditions of the person’s country of origin or nationality. The applicant can then use the evaluator’s report to support their claim that they have a credible fear of persecution and qualify to stay in the United States as an asylee.

Overcoming Challenges in Presenting Psychological Evidence

Those applying for asylum may have a hard time proving they have a credible fear of persecution. One reason for this is that the person’s fear is invisible, so to speak, and is not something outside of themselves they can point to. They can overcome this challenge by connecting with a psychologist who specializes in gathering mental health evidence for asylum cases. The provider can talk to the person, learn about what the conditions were or are like in their country of origin or nationality, and understand what symptoms they experience.

Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.

The purpose of immigration psychological evaluations is to help support a claim for a credible fear of persecution to apply for asylum.

The evaluator may do an extensive interview, testing, and research process to learn about the person and the concerns they have. The applicant can use the evaluator’s final recommendations to strengthen the asylum claim with the United States government.

Getachew & Ansari Immigration Attorneys, P.C. helps asylum seekers by providing personalized and timely legal advice and services. As an immigrant herself, one of our founding attorneys, Medya Ansari, witnessed the immigration process herself at a young age. She uses her legal training and personal experiences to serve her clients with compassion and excellence. Call 408-292-7995 to schedule a consultation to discuss your concerns.

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