ROCIO D. WOODY

IMMIGRATION EVALUATIONS

Immigration Clinical Evaluations

A psychological evaluation is a considerable investment of time and money for you and your family. The best advice you can receive is to find a bilingual and bicultural, licensed mental health professional with solid education and years of practical experience working with immigrant families.

In many types of cases, such as U-Visas, T-Visas, and VAWA cases, a comprehensive clinical evaluation report, supported by irrefutable evidence, can make a considerable difference in your case if your claim is based on emotional abuse or post-traumatic stress as a result of a crime. 

I offer you over thirty-five years of bilingual education, first-hand knowledge, and experience working with immigrant populations from over 78 countries.

HARDSHIP WAIVERS

These evaluations are focused on the extreme hardships the US Citizen or US resident may suffer if separated from a loved one (beneficiary relative) if their loved one is separated from the family or if the US Citizen or US resident may suffer if relocated abroad. Extreme hardship waivers, provisional waivers, requests for additional evidence, denials, and cancellation of removal cases are the type of immigration cases that can strongly benefit from a comprehensive psychological report which would provide your attorney with detailed, evidence based, reasoning behind the exacerbation of a mental health diagnosis or an undiagnosed mental health condition.

DOMESTIC ABUSE (VAWA)

These are evaluations where the victim has been abused by the US Citizen or Resident spouse. Cases of severe physical abuse are, for the most part, well-documented by police and hospital records. Yet, cases of severe emotional and psychological abuse need the expertise of a clinician competent in assessing such cases. Federal law protects all victims of domestic abuse including cases when immigrant men are victims of emotional and psychological abuse by their USC wives.

VICTIMS OF CRIME (U-VISA)

These are evaluations conducted on the direct or indirect victim of a felonious crime, including the parents of children victims of child sexual abuse and women or men abused by undocumented or unmarried partners. At times, there are no physical injuries after an armed robbery or domestic violence incident; however, there are mental and psychological injuries that continue to affect the victim for years after the incident. Moreover, these cases have precise deadlines which make contacting a mental health professional a priority.

SAME-GENDER COUPLE WAIVERS

These evaluations are also focused on the extreme emotional and psychological hardships the couple will suffer if separated with an emphasis on the particular stressors that same-gender couples may experience if every day supports are lacking in their lives—for example, familial, legal, religious, economic, and social support. Members of same-sex couples have experienced societal prejudice in different ways and have dealt with it internally in their own ways, but the effect of “minority stress,” or the effects of living with often negative social conditions, always exists to some extent and more so in more traditional cultures.

A professionally conducted clinical evaluation indicating the presence or exacerbation of a mental health condition is very likely to help your attorney be successful with your immigration case.

Particularly, cases that require supporting evidence of extreme psychological hardship, emotional, verbal and/or psychological domestic abuse and for victims of a qualifying crime who have not suffered substantial physical injury as a result of the crime but may be able to provide evidence of substantial mental injury as a result of the criminal activity.

Asylum

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. Asylum seekers may be permitted to remain in the United States if they are found eligible. There are many intricacies that are time sensitive, including filing your application within one year from arriving to the United States. An experienced immigration attorney will know your fear is a clear indicator of emotional and/or psychological distress due to your presenting circumstances. Unless you can provide documentation from a mental health professional indicating you have received a diagnosis and treatment in your country of origin, your attorney will recommend you that it is in your best interest to be evaluated, diagnosed and treated by an experienced mental health professional in the United States. There is no fee to apply for asylum and you may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. I will be honored to help you and your family seek safety and a better future in the United States.

Substance-Related Disorders in Remission

These are cases where it is necessary to proof that you have had a Substance-Related Disorder, in the past, and you are currently in remission. The US government will not deny you a case based on suffering an addiction problem. However, they do want to know you have sought help for your problem and you are currently in remission. A throughout Substance Abuse Evaluation is a process for defining the nature of that problem, determining a diagnosis, and developing specific treatment recommendations for addressing the problem. In cases of individuals in remission, it also addresses the effectiveness of the treatment, how long has the individual remained in a recovery program, periods of abstinence and the reliability of a solid relapse prevention program along with the environmental factors that supports your recovery. Alcohol use disorder is still the most common form of substance use disorder in America, fueled by widespread legal access and social approval of moderate drinking. In 2014, approximately 20.2 million adults aged 18 or older had a past year substance use disorder (SUD); of these adults, 16.3 million had an alcohol use disorder and 6.2 million had an illicit drug use disorder. I am a National Certified Addictions Counselor-II, a Master Addictions Counselor and I am a Certified Clinical Evaluator for the Department of Behavioral Health and Developmental Disabilities of the State of Georgia. I am pleased to offer you over twenty-five years of experience of working in the addictions field.

Good Moral Character

One of the requirements for to become a Naturalized United States Citizen is to proof you have established and maintain good moral character (GMC) in the United States. An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character (not having had any problems of a serious nature in the United States). In general, the applicant must show Good Moral Character during the five-year period immediately preceding his or her application for naturalization and up to the time of the Oath of Allegiance. Conduct prior to the five-year period may also impact whether the applicant meets the requirement. Thus, if you have had a problem with the law in the past, for instance a conviction for Fighting, Disorderly Conduct or the like, you might need to explain the circumstances of the case, address any issues related to the offense and submit to an evaluation to determine if the case has in any way negatively affected your Good Moral Character.

Adam Walsh Act

The United States government enacted immigration law reforms to prevent sex offenders from abusing children prohibiting U.S. Citizens and lawful permanent resident aliens who have been convicted of any “specified offense against a minor” from filing a family-based immigrant petition on behalf of any beneficiary unless the U.S. government determines in his sole and unreviewable discretion that the petitioner poses no risk to the beneficiary. A detailed and comprehensive clinical evaluation to determine the risk of harm would proof valuable in determining the outcome of a case involving U.S. citizens convicted of specified offense against a minor including offenses such as solicitation to engage in sexual conduct and any conduct that by its nature is a sex offense against a minor, among others. A minor is defined as an individual who has not attained the age of 18 years.