U-Visa Psychological Evaluations for Crime Victims

The report is structured around USCIS's five-factor test from 8 CFR 214.14(b)(1): the nature of the injury, the severity of the perpetrator’s conduct, the severity of the harm, how long the harm was inflicted, and any permanent or serious harm. For each factor the report sets out the clinical findings, standardized test scores and the evaluator’s clinical opinion; whether the abuse was substantial is for USCIS to decide, and how the findings fit the standard is your attorney’s argument.

The evaluation is usually one session of about 90 minutes, occasionally longer or a second session when clinically needed, by video from wherever you feel safe. Dr. Mantonya uses a trauma-informed approach, so you set the pace. You will be asked about what happened, because the report documents how the crime affected you, but you are never pushed to share more than you are ready to, and you can pause or take a break whenever you need one. A professional interpreter can join if you would rather speak in your own language. Many people find it more manageable than they expected, though it is normal for some parts to feel hard.

No. We work with self-represented petitioners and with immigration attorneys. The evaluation and report are evidence you submit with Form I-918; you do not need a lawyer to obtain one. We provide the psychological evaluation only, not legal advice or help completing USCIS forms. If you would like names of low-cost immigration legal aid organizations in California, we are glad to share some.

The Form I-918 Supplement B law-enforcement certification is required for the U-visa petition itself, but it does not need to be in hand before the psychological evaluation, which can be completed at any point in the process. If certification is available, Dr. Mantonya will review it as part of the case documentation.

Yes. The five-factor test specifically includes "mental abuse." For crimes without physical injury (stalking, extortion, blackmail, witness tampering, fraud in foreign labor contracting), a psychological evaluation can be important evidence of harm. A series of acts taken together may constitute substantial abuse even when no single act rises to that level on its own (8 CFR 214.14(b)(1)).

Federal law lists the kinds of qualifying criminal activity (INA 101(a)(15)(U)(iii)), plus attempts, conspiracies, solicitations and substantially similar crimes. The list covers domestic violence, sexual assault, kidnapping, trafficking, stalking, extortion, witness tampering, fraud in foreign labor contracting, and others. Crimes without physical injury can qualify when they caused substantial mental abuse.

Pending principal U-visa petitions are far above the annual cap of 10,000 principal visas (USCIS data; family members do not count against the cap). Under the Bona Fide Determination (BFD) process, USCIS can grant interim work authorization and deferred action, in its discretion, while petitions wait. A faster streamlined review USCIS once used has been suspended (USCIS Form I-918 page); check current USCIS processing times.

The U-visa requires showing substantial physical or mental abuse under a five-factor test: the nature of the injury, the severity of the conduct, the severity of the harm, how long it was inflicted, and any permanent or serious harm. With hundreds of thousands of petitions pending for 10,000 annual principal slots, the wait is long; the evaluation documents the clinical side of each factor.

Form I-918 Supplement B law-enforcement certification is required for the U-visa, but if police, the prosecutor, or a judge declines to certify, alternatives may apply. Some U.S. attorneys, child-protective services, and labor-rights agencies can also certify under 8 CFR 214.14(a)(2). A psychological evaluation cannot replace the certification, but it documents the psychological harm for the petition once a certifying agency signs.

The U-visa process takes years; check current USCIS processing times. Pending petitions are far above the yearly cap (USCIS data). When to file the evaluation is your attorney’s call. An evaluation done close to filing records your symptoms as they are then, and filing it with the petition puts it in the record before adjudication begins.

Yes. The U-visa has no statute of limitations on when the qualifying crime occurred, and post-trauma symptoms that persist years later can be documented; lasting harm is part of what USCIS weighs in deciding whether the abuse was substantial (permanent or serious harm, 8 CFR 214.14(b)(1)). The evaluation captures both the original psychological injury and the long-term sequelae. Symptoms can persist for years, and the evaluation documents where they stand now.

The U-1 is the principal visa granted to the qualifying victim, usually the direct victim of the crime (certain family members of a victim who was killed or is incapacitated can be principal victims themselves, 8 CFR 214.14(a)(14)(i)). U-2 covers the spouse of a U-1, U-3 covers a child of a U-1, U-4 covers a parent of a U-1 who was under 21 at filing, and U-5 covers an unmarried sibling under 18 of a U-1 who was under 21 at filing. These derivative categories under 8 U.S.C. 1101(a)(15)(U) let qualifying family members get status based on the principal victim's case. The annual cap of 10,000 applies only to U-1 principal grants. Derivatives are not capped. Our evaluation focuses on the U-1 principal, but harm to U-3 child derivatives can be documented when relevant.

The report is usually ready 5 to 7 business days after the evaluation interview. After filing Form I-918, the U.S. Citizenship and Immigration Services (USCIS) Bona Fide Determination process takes years (check current USCIS processing times), and pending petitions are far above the yearly cap (USCIS data), against a 10,000 annual cap on principal grants. Once a U-1 visa is approved, adjustment to lawful permanent resident (LPR) status becomes possible after three years of continuous physical presence in U status (INA 245(m)). The evaluation does not change the backlog, but filing the clinical record with the petition means the abuse evidence is already in the file when USCIS reviews it.