Competencies are sometimes referred to as Matter of M-A-M cases.  Immigration proceedings in the United States requires the parties involved understand what is happening in the proceedings and are able to assist on their behalf. Otherwise, safeguards are placed to ensure due process.

For those facing these challenges, an immigration psychology evaluation in Pennsylvania and nationwide becomes indispensable. Psychological immigration evaluations can unveil important information about an individual’s mental state and determine whether one is competent to participate in immigration proceedings according the matter of MAM test.

The Competency Standard in Immigration Proceedings or matter or MAM case

The competency standard in immigration proceedings tries to establish whether there is:

  1.     Rational and Factual Understanding of the nature and object of the proceedings. Understanding the legal process and its implications is essential.
  2.     Can consult with the attorney
  3.     Has a reasonable opportunity to examine and present evidence and cross-examine  witnesses. 

At Immigration Psychology, we help determine one’s competency to participate in immigration proceedings through objective psychological immigration evaluations. If you or someone you know is undergoing immigration proceedings and needs a psychological evaluation in Pennsylvania or anywhere in the United States, consider contacting us. Contact us today to schedule a free consultation regarding our comprehensive immigration psychological evaluation that addresses your unique needs.

Psychological Evaluations for Immigration Court Competency Concerns

Why Mental Fitness Matters in Immigration Cases

Immigration proceedings require more than just legal representation—they need the person involved to understand the situation, follow instructions, and participate meaningfully in their case. When someone faces cognitive or psychiatric challenges, meeting these expectations can become difficult or impossible. Courts must then determine whether that individual meets the legal threshold for competence. Competencies are sometimes referred to as Matter of M-A-M cases.

A mental health evaluation plays a key role in this determination. It helps assess whether the individual can comprehend the legal process, make informed decisions, and communicate effectively with their attorney. In many cases, the competency to participate in the evaluation of immigration proceedings helps clarify whether safeguards or accommodations are necessary to protect the person’s due process rights.

What the Evaluation Explores

Evaluators assess current mental capacity rather than general behavior or long-standing diagnoses. The goal is to understand how someone’s condition affects their ability to engage with the legal process at this moment in time. During the evaluation, the clinician conducts an interview and, when appropriate, uses psychological tools to examine memory, reasoning, language comprehension, and communication.

The focus remains on whether the person understands the purpose of the legal proceedings and whether they can respond meaningfully when working with counsel or facing questioning. Even if someone appears functional daily, they may still lack the understanding required for immigration court participation. Each report is prepared to address the standard of competency, sometimes referred to as Matter of M-A-M cases.

How Mental Health Impairments Can Affect Legal Participation

Not all psychological conditions interfere with legal competence to participate in proceedings, but some can impair a person’s ability to follow or respond to the court process. Symptoms like delusions, hallucinations, disorganized thinking, severe memory problems, or difficulty following conversations can make it hard for the individual to grasp what is happening or to express their side clearly. In these cases, an evaluation can provide insight into the person’s specific challenges and how those issues relate to the standard of competence.

This kind of assessment is not meant to create a barrier or delay—it’s designed to ensure that an unrecognized disability does not compromise the person’s rights or due process. Immigration judges often rely on evaluations to decide whether to pause proceedings, apply safeguards, or proceed with accommodations in place. For individuals whose cognitive or psychological condition raises concerns, an evaluation is often the first step in ensuring a fair process. Competencies are sometimes referred to as Matter of MAM cases.

Why use Immigration Psychology

Immigration Psychology conducts focused assessments to determine whether the individual is fit to proceed and whether they can meaningfully engage with their case. These evaluations follow the legal standards expected by immigration courts; these standards are outlined in Matter of M-A-M.

Our providers are familiar with the expectations for psychological documentation in immigration matters and understand how to frame clinical findings within legal competence. Each competency to participate in immigration proceedings evaluation is approached with care, clinical precision, and an awareness of how immigration proceedings unfold. We offer in-person and telehealth services where permitted, ensuring accessibility across several states.

Frequently Asked Questions

What does it mean to be competent in an immigration case?
 It means the person can understand the nature of the proceedings and assist their attorney in presenting their case or responding to questions.

Does having a mental health diagnosis automatically make someone incompetent?
 No. A diagnosis alone does not determine competence. The evaluation focuses on whether the condition currently interferes with legal participation.

What happens if someone is found incompetent?
 The court may pause proceedings or implement safeguards to protect the person’s due process rights until the person is fit to proceed.

Can these evaluations be done remotely?
 Yes. Immigration Psychology offers evaluations via secure telehealth platforms in states where remote services are permitted.

Who usually requests these evaluations?
 Requests may come from attorneys or judges concerned about the person’s ability to engage in the legal process.

How long does the evaluation take?
 Most evaluations can be completed within one to three hours, depending on the individual’s condition and the complexity of the case.