Spousal Abuse Petitions in Immigration Cases: Criteria in Psychosocial Evaluations (Update)

There are specific criteria and considerations in psychosocial evaluations for spousal abuse cases, specifically when handling immigration petitions. Here, attorney Mark Silver discusses how such cases are evaluated from a clinical perspective with the consideration for the client's immigration petition. He examines the cycles of abuse and the challenges the victim faces in the context of their marriage to an American citizen, as well as the major types of abuse and characteristics of abusers. 

Mr. Silver also discusses the connection of victims' psychological conditions to immigration cases and opines on who should undertake the clinical evaluations. He also addresses the steps to take in the event of a denial or RFE.

Learning Objectives: 

I.     Understand VAWA 

II.    Recognize the cycles of abuse in VAWA cases

III.   Identify why immigrant women are often targets for abuse and consider major visa issues

IV.   Address the major types of abuses 

V.    Profile an abuser

VI.   Understand the criteria for psychosocial evaluations, what questions to ask an abused client, and where said client can seek help