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Substantial abuse, established.

The standard at issueSubstantial physical or mental abuse suffered as a result of qualifying criminal activity.

Substantial is the operative word, and it is a question about severity and duration rather than about whether something happened. The evaluation measures the harm and ties it to the qualifying activity.

Substantial, against normsIllustrative · not case data
EXPECTED RANGE ELEVATED SUBSTANTIAL THIS CASE 055th78th99th Severity is a percentile question, not an adjective.
Severity
Measured against published norms
Duration
Onset and persistence documented
7–10 days
Report turnaround, business days
Nexus
Harm tied to the qualifying activity
What counsel is assembling

The certification establishes the crime. The evaluation establishes the harm.

Those are two different evidentiary jobs, and only one of them is clinical.

What the evaluation establishes

What the evaluation establishes.

Severity, duration and the connection between the two. Each is documented rather than asserted.

01

Response to the qualifying activity

The psychological response, its onset relative to the events, and how it has developed since.

02

Severity against norms

Where symptoms fall relative to published norms, which is what makes substantial a measurable claim rather than an adjective.

03

Duration and persistence

Harm that has continued is materially different from harm that resolved, and the record should show which.

04

Functional change

Work, sleep, parenting and relationships. Function is often the clearest evidence of severity.

05

Nexus

The connection between the qualifying activity and the harm, stated with its reasoning and its limits.

06

Response validity

Tested and reported directly, so severity is not left open to the obvious challenge.

Instruments

What gets measured on a U visa case.

Chosen against the referral question, administered and scored by the evaluator, and reported with what each measure was selected to answer.

Harm and severity
  • MMPI-3Minnesota Multiphasic Personality Inventory-3
    The broad personality and symptom picture
  • BDI-IIBeck Depression Inventory-II
    Depression
  • BAIBeck Anxiety Inventory
    Anxiety
  • DAPSDetailed Assessment of Posttraumatic Stress
    Severity of trauma symptoms
  • SIMSStructured Inventory of Malingered Symptomatology
    Whether symptoms are being exaggerated

Response validity can be especially important in forensic and immigration evaluations. Where severity is the question being asked, it gives the comparison against norms something to rest on.

Context and corroboration
  • Clinical interviewSemi-structured, across sessions
    History, onset and course
  • Functional reviewWork, sleep, parenting, relationships
    What changed and when
  • Mental status examinationObserved presentation
    Affect, thought process, orientation
  • Collateral recordsWhere counsel provides them
    Consistency across sources
  • Safety reviewCurrent circumstances
    Ongoing risk, where relevant

The report is written for the certification package, so it addresses severity and nexus in terms counsel can point to directly.

Every evaluation

Four parts, written to the standard of the filing.

01 Background & history02 Clinical findings03 Assessment results04 Opinion & basis
Information for attorneys
7–10

business days is the general timeline from the completed evaluation to the delivered report. An expedited timeline may be possible when a deadline is close.

Other filings

Every filing asks a different question.

Discuss the case before you refer it.

The pre-referral conversation costs nothing. If an evaluation is not indicated for the case, you should hear that first.