U-Visa Psychological Evaluations for Crime Victims

The report is structured around USCIS's five-factor test from 8 CFR 214.14(b)(1): nature of injury, severity of conduct, severity of harm, duration, and permanence. Each factor is addressed with clinical evidence, standardized test scores, and professional opinion. This gives the adjudicator a clear, factor-by-factor framework for evaluating substantial abuse.

No. Your client's evaluation can be completed at any point in the U-visa process. However, if law enforcement certification is available, Dr. Mantonya will review it as part of the case documentation. When certification is difficult to obtain, the evaluation becomes even more important as corroborating evidence of the crime's psychological impact.

Yes. The five-factor test specifically includes "mental abuse." For non-physical crimes (fraud, stalking, witness tampering, coercion), the psychological evaluation is often the primary evidence of harm. A series of acts taken together can constitute substantial abuse even when no single act rises to that level on its own (72 Fed. Reg. 53014).

Over 30 qualifying criminal activities are listed under 8 CFR 214.14. The list covers domestic violence, sexual assault, kidnapping, trafficking, stalking, fraud, witness tampering, and many others. Non-physical crimes like fraud and coercion also qualify if they caused substantial mental abuse.

As of 2025, about 416,000 U-visa petitions are pending with an annual cap of only 10,000 U-1 visas. This creates a theoretical wait of over 40 years. The Bona Fide Determination process, which provided interim work authorization, was suspended in February 2025.

The U-visa requires showing substantial physical or mental abuse under a five-factor test: nature of injury, severity of conduct, severity of harm, duration, and permanence. And with 416,000 petitions pending for just 10,000 annual slots, clinical precision on each factor is what separates a competitive petition from a weak one.

The U-visa requires Form I-918 Supplement B law-enforcement certification, 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 qualifying criminal activity for inclusion when an alternative certifier signs.

The U-visa BFD process averages 35 months in 2026 with about 416,000 petitions pending. We recommend you complete the psychological evaluation when you file, not after an RFE arrives. Early evaluations capture acute trauma symptoms, and the report is then on file when adjudication begins. Cases filed with strong contemporaneous clinical evidence get fewer RFEs and faster BFD work-permit issuance.

Yes. The U-visa has no statute of limitations on when the qualifying crime occurred, and chronic post-trauma symptoms documented years later satisfy the substantial physical or mental abuse standard. The evaluation captures both the original psychological injury and the long-term sequelae. PTSD that persists 5, 10, or 15 years after a qualifying crime is not unusual and is well-documented in the trauma literature.

The U-1 is the principal visa granted to the direct victim of the qualifying crime. 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 in the same report when relevant.

The evaluation itself takes 5 to 7 business days from referral to completed report. After filing Form I-918, the U.S. Citizenship and Immigration Services (USCIS) Bona Fide Determination process averages around 35 months in 2026, with about 416,000 petitions pending against a 10,000 annual cap on U-1 principal grants. Once a U-1 visa is approved, lawful permanent resident (LPR) eligibility under Form I-918 begins after three years in U-status. The evaluation does not change the backlog, but a strong contemporaneous clinical record reduces RFEs and speeds BFD work-permit issuance.