Psychological Assessments & Evaluations

The N-648 is the disability waiver that provides applicants an exemption from the requirements of:

1. Demonstrating that they can speak, read, and write English, and/or

2.  Passing a test of U.S. history and civics.

With a waiver, the applicant can have the interview in his/her native language and will not have to answer questions about U.S. history and government. U.S. Citizenship and Immigration Services (CIS) relies on the medical opinion of the applicant’s doctor in deciding whether to grant the waiver. CIS generally makes a decision as to whether to grant or deny citizenship at the naturalization interview. Under current law, the N-648 must be submitted at the same time as the N-400 application for citizenship.

Deportation and removal is the area of immigration law in which a psychological evaluation is most likely to be required. In an immigration removal case, a non-permanent resident, must establish that his or her removal would cause “extreme and unusual hardship” to a qualifying relative (i.e. their U.S. citizen or legal permanent resident spouse, child or parent). When extreme psychological hardship is uncovered through a psychological evaluation, pending deportation may be cancelled by the court (“cancellation of removal”) and legal permanent residence granted (“green card”).

An area of immigration law in which psychological evaluations are often used is in support of adjustment status or visa application when a waiver of overstay (or other inadmissibility problem) is necessary (e.g. I-601 Waiver). A well-drafted psychological report can persuade immigration court that “extreme” psychological hardship to the applicant’s U.S. citizen spouse, child or parent will result if the application for legal admission to the United States is denied. The result can be a grant of legal permanent residence in the United States.

Political asylum are refugees who often have been exposed to political imprisonment, religious persecution, extreme deprivation, torture and various forms of psychological distress in their home country. They seek “asylum” or safety from their country of origin within the U.S. under the Immigration and Nationality Act (U.S. Code Section 208a). Quite frequently, these asylum applicants experience post-traumatic stress disorder (PTSD) or other emotional difficulties which make “telling their life story” difficult or impossible. The nature and extent of their psychological impairment can be established by a thorough psychological evaluation, which should be conducted by a psychologist trained in detecting post-traumatic stress disorder (PTSD). The DSM-5 notes that the clinical expression of the symptoms of PTSD may vary culturally.

Non-permanent resident victims of domestic abuse who are married to a U.S. citizen OR a permanent resident may be eligible for permanent residency in the U.S. if they can establish, through a psychological evaluation, that verbal, physical or sexual abuse has occurred within their relationship. The Violence Against Women Act (VAWA) provides for immigration benefits to men as well as women who have been physically and mentally abused by their U.S. citizen spouse. VAWA relief is also available to parents AND children of USC/LPR’s who have been subjected to extreme cruelty or physical abuse.

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. NOTE: On November 20, 2014, the President made an announcement extending the period of DACA and work authorization from two years to three years.

This benefit is denied to any young person who has a serious criminal conviction like domestic violence unless rehabilitation is established. The psychological evaluation can help determine if the conviction may have been the result of a mental disorder, prior parental abuse, or other cognitive deficit.

A U-Visa may be granted to a non-permanent resident living illegally in the U.S. if that individual is able to demonstrate, through a psychologist’s evaluation, that they have suffered substantial mental or physical abuse as a result of being a victim of a crime that occurred in the U.S. and that they were helpful to legal authorities (e.g. police, U.S. gov’t) in providing information that assists with prosecution of the crime.

A special T-Visa is available for victims of human (sex) trafficking. In each case, a psychologist’s evaluation can be extremely helpful in highlighting the hardship issues pertaining to the case.

Test results can be used to offer recommendations for educational accommodations and/or additional psychological or neuropsychological treatment to compensate for weaknesses and/or to develop strengths. The results help to identify what target problems and strengths to work on or enhance and which strategies to use. An appropriate diagnosis can result in school accommodations, like IEP or 504 plans, specialized tutors, or extended test taking time, as stipulated by the Americans with Disabilities Act and the Individuals with Disabilities Education Act.

Educational experts have begun to use neuropsychology to explain why some children have trouble acquiring language skills, learning to read, developing arithmetic reasoning skills, and so on. Using neuropsychological evaluations in schools can help teachers serve children with learning disabilities more effectively because a child who has neurologically related disabilities does not benefit from the same teaching techniques (such as repetition) that a student who merely learns at a slower rate benefits from.

• Learning Difficulties/ Learning Disabilities

• Developmental delays

• Giftedness Determination

• Difficulty deciding career path (Vocational Testing)

• Initial/Re-evaluation for Section 504 Plan/Individual Education Plan Eligibility

• Attention-Deficit/Hyperactivity Disorder ADHD/ ADD Testing

• Autism Spectrum Disorders (ex. Aspergers Syndrome)

• Social & Emotional Difficulties (e.g., depression, anxiety)

• To provide details about learning needs, including strengths and weaknesses

• To help identify a child for a gifted program

• To discover any learning disabilities requiring intervention

• To help advocate for appropriate educational accommodations

• General intellect

• Higher level executive skills (e.g., sequencing, reasoning, problem solving)

• Attention and concentration

• Learning and memory

• Language

• Visual–spatial skills (e.g., perception)

• Motor and sensory skills

• Vocational/Decision Making

• Mood and personality

An assessment battery is a collection of cognitive and/or psychological tests selected and tailored to the unique needs of the presenting individual. The selection and interpretation of these batteries are determined the psychometrist/psychologist.

There are five main areas of functioning addressed by the cognitive assessments:

1) Intellectual Functioning

• Premorbid

• Current

2) Executive Functioning

3) Attention/Concentration, Working Memory, and Speed of Processing

4) Learning and Memory

• Short-term and long-term

• Auditory and visual

• Recall and recognition

5) Self-Reported Cognition and Emotional Functioning

Testing is usually undertaken over two half-days (approximately 2.5-3.0 hours each in duration) and each client meets the diagnostician prior to commencement of testing to complete an interview, review the testing process, and have their concerns or questions directly addressed. One to two weeks following completion of their assessment, most clients or families can expect to again meet with the diagnostician to receive feedback, including a written report, and recommendations relating to the results of their assessment. Again, they will have an opportunity to have their concerns or questions addressed and family members should attend this appointment with them.