Psychological Evaluations for VAWA Cases
A VAWA psychological evaluation documents the effects of battery or extreme cruelty on the self-petitioner.
Call Sandra: 1-202-519-8104What this case type is
Under the Violence Against Women Act (VAWA), a person abused by a U.S. citizen or permanent resident spouse or former spouse, or parent (for a child generally under 21), or by a U.S. citizen son or daughter age 21 or older, can self-petition for immigration status without the abuser's involvement (INA 204(a)(1)(A) and (B)). A parent whose child was abused by a U.S. citizen or permanent resident spouse can also self-petition. Men and women can both apply.
The petitioner has to show battery or extreme cruelty. Extreme cruelty includes psychological abuse such as threats, isolation and control, which often leaves no police report or medical record. A psychological evaluation can document its effects.
What the evaluation looks at
- The petitioner's psychological symptoms and whether they are consistent with the abuse described.
- Patterns of control, isolation or threats, as the petitioner experienced them.
- How the abuse has affected the petitioner's daily life, work and relationships.
- The petitioner's current safety-related concerns and treatment needs.
The written report states Sandra's findings as what the available information supports. The attorney decides how to use it in the case.
Who conducts the evaluation
Sandra Arboleda, LICSW, a Licensed Independent Clinical Social Worker, conducts evaluations directly in English or Spanish.
Evaluations are conducted by telehealth for clients in 40 states and jurisdictions.
Questions
Is a police report needed for the evaluation?
No. The evaluation documents the petitioner's psychological condition and is often useful when other records do not exist. USCIS considers any credible evidence in VAWA cases (8 CFR 204.2(c)(2)(i)).
Will the abuser see the evaluation?
The report goes to the petitioner's attorney, who files it with USCIS. Federal law (8 U.S.C. 1367) generally prohibits disclosing information about a VAWA petition to the abuser.
Can the evaluation be done in Spanish?
Yes. Sandra Arboleda conducts evaluations directly in English or Spanish.