The document outlines the role of forensic psychologists in immigration law, detailing the differences between letters of support and evaluations, and emphasizing the importance of objective testing in assessments. It discusses hardship waivers, VAWA, U-visas, and the impact of mental health evaluations on immigration cases. Additionally, it addresses topics like self-harm and substance abuse, providing guidance on the evaluation process.

1. Forensic
psychologists &
immigration law
June 29th, 2016
Speaker: Julia McLawsen, PhD

2. Greg McLawsen
Managing Attorney
Sound Immigration
@mclawsen
greg@soundimmigration.com
www.soundimmigration.com

3. Julia McLawsen, PhD
Licensed Psychologist (WA)
Registered Psychologist (BC – inactive)
julia@lawandpsychology.com
www.lawandpsychology.com

4. w w w . s o u n d i m i g r a t i o n . c o m
Roadmap
What is a “forensic” psychologist?01
02 Letter of support v. evaluation
03 Elements of an evaluation
04 Objective testing instruments
05 Hardship waivers
06 VAWA, U-Visas & 751 waivers
07 Drug/alcohol abuse
08
page 4
Self-harm inadmissibility

5. w w w . s o u n d i m i g r a t i o n . c o m
Therapist/Counselor
• Not always a state-licensed
title
• Focus: providing treatment
SocialWorker
• BASW or MSW degree
• LICSW, state-licensed
• No required legal training
•Broad professional focus
“Regular” psychologist
•State license required
• PhD or PsyD (MA sometimes)
•Focus: behavioral health
1 –What is a forensic psychologist?
page 5

6. w w w . s o u n d i m i g r a t i o n . c o m
Letter of support vs. evaluation
Summarizes provider’s relationship with client
Opinion based on familiarity with client
No special data collected for letter
Author partisan to client
page 6
“Letter of support”
Responds to legal referral issue
Opinion based on evidence-based clinical assessment
Data collected specifically for the legal referral issue
Author’s goal is to be objective
Evaluation

7. w w w . s o u n d i m i g r a t i o n . c o m
Psychological testing
• Personality/cognition
• Symptom inventories
• Validity testing
Diagnostic formulation
• Symptoms, impairments
• Narrative
• DSM-5 diagnosis
Forensic analysis
• How does clinical data relate to
the referral question?
• Academic reesarch
• Recommendations
3 – Elements of an evaluation
Summary of referral issue
• Relevant legal standard
• How is evaluation helpful?
Clinical interview
• Mental status/behavioral observations
• Psycho-social, cultural history
Collateral sources
• Records
• Consultations
page 7

8. Objective tests give results
independent of the psychologist’s
beliefs, biases or expectations
Objective testing
•PAI (Personality Assessment
Inventory)
• MMPI-2-RF (Minnesota Multiphasic
Personality Inventory)
• MCMI-IV (Millon Clinical Multiaxial
Inventory)
•TSI-2 (Trauma Symptom Inventory)
•Victoria SymptomValidity Test
• M-FAST (Miller Forensic
Assessment of SymptomsTest)
•TOMM (Test of Memory
Malingering)
• WAIS-IV (Wechsler Adult
Intelligence Scale)

9. w w w . s o u n d i m i g r a t i o n . c o m
Working with a forensic psychologist
help me
help you
page 9

10. Examples of
Immigration
Evaluations

11. w w w . s o u n d i m i g r a t i o n . c o m
HardshipWaivers
page 11
Whether denial of a waiver
application would
(1) cause
(2) a qualifying relative to
(3) experience a magnitude of
hardship
(4) that substantially exceeds the
magnitude of hardship an average
individual would be expected to
suffer if their ken was denied such a
waiver.

12. McLawsen, McLawsen & Ruser,A STATISTICAL STUDY OF
PSYCHOLOGICAL
EVALUATIONS IN HARDSHIP WAIVERS OF INADMISSIBILITY (Benders 2011)
Findings
1. Appeals with evaluations are
more likely to be decided
favorably.
2. Diagnosis per se does not predict
success.
3. History of mental health
problems correlates with success.
4. Number of meetings with
evaluator not predictive.
5. Somatization was correlated with
positive outcome.

13. w w w . s o u n d i m i g r a t i o n . c o m
HardshipWaivers
• Who is/are the Qualifying Relative(s)?
• How do you think I can help you prove hardship?
• Country conditions – not my expertise!
• Do you have a theory for why relocation is infeasible?
• If you have records, let me see them!
page 13

14. VAWA
U-Visas
I-751 abuse waivers

15. Domains of trauma symptoms
1. Re-experiencing traumatic
events.
2. Avoiding situations that
trigger re-experiencing.
3. Emotional reactivity.
4. Problems with cognition
and mood.

16. w w w . s o u n d i m i g r a t i o n . c o m
Alcohol/drug abuse
page 16
Understanding
drug/alcohol abuse
diagnoses

17. Factors tending to
show remission
1. Evidence based
treatment  function
of abuse?
2. Active participation
targeting use
patterns?
3. Lifestyle changes?
4. Relapse prevention
plan?
5. Accountability?

18. Self harm

19. Intake questions for
self-harm
1. Have you even been
in therapy?
2. Have you ever
intentionally hurt
yourself?
3. If so, when?
4. Get a release of
information for all
mental health
records.

20. Referral questions for
self-harm evaluation
1. Does client current
meet dX criteria for
mental disorder?
2. Describe the nature
and severity of self-
harmful behavior.
3. What is the likelihood
of future self-harmful
behavior?
4. Will treatment
reduce likelihood of
future harm?

21. Thank you
Julia McLawsen, PhD
(206) 289-0456
julia@lawandpsychology.net
www.lawandpsychology.net