Cancellation of Removal Psychological Evaluation (EOIR-42B)

The hardship standard is higher and the forum is different. Cancellation of removal is decided by an immigration judge in court while the respondent is in active removal proceedings, and it requires "exceptional and extremely unusual hardship," a stricter test than the "extreme hardship" standard used for the I-601 and I-601A waivers filed with USCIS. The evaluation is written to that elevated threshold.

The person evaluated is the qualifying relative, a U.S. citizen or lawful permanent resident child, spouse, or parent of the respondent, not the respondent facing removal. The standard turns on the hardship that relative would suffer, so the evaluation centers on the relative's mental health, dependence on the respondent, and the consequences of the respondent's removal. The respondent, who is the person in proceedings before the immigration judge, is not the subject of the evaluation.

It is the legal standard the judge applies, and it is higher than extreme hardship. The hardship must go substantially beyond what a qualifying relative would ordinarily face when a family member is removed. The evaluation does not decide that legal question. It documents concrete, specific clinical detail (the relative's diagnoses, functional limits, caregiving needs, and dependence on the respondent) so the court has clinical evidence to weigh against that demanding threshold.

The evaluator builds the hardship picture from three sources: the relative's own account, direct clinical observation, and standardized test results. The report ties concrete detail (a child's medical or developmental needs, a spouse's or parent's health conditions, caregiving the respondent provides, finances managed jointly) to the harm the relative would face if the respondent is removed and the family is separated, or if the relative leaves the United States to stay with the respondent.

Yes. It is a forensic mental health evaluation for the immigration court record, written for the EOIR forum rather than for a USCIS filing. The referring attorney files it, and the immigration judge reads it as part of the record when weighing the hardship prong at the hearing. Every report is co-signed by two clinicians and grounded in DSM-5-TR criteria. Kipu Terra delivers it nationwide as a remote forensic immigration assessment via secure video (Google Meet). We document the clinical evidence; the legal questions stay with your attorney.

Every evaluation includes the PHQ-9 for depression and the GAD-7 for anxiety. When the history calls for it, the evaluator adds the PCL-5 with the LEC-5 for trauma, the PSS-14 for chronic stress, caregiver burden, or anticipatory hardship, and the WHODAS 2.0 to quantify functional impairment across daily-living domains. Complex cases may add Beck, PAI, or MMPI measures. Diagnostic impressions follow DSM-5-TR criteria.

A standard cancellation of removal evaluation is $750 with a 3 to 7 business day turnaround. Expedited service is $1,050 in 48 hours, and same-day emergency service is $1,650. Complex, RFE, or supplemental cases run $750 to $1,250. Pricing is flat and published, and the client pays Kipu Terra directly for the evaluation. Hearing dates move; when a court date is close, the expedited and emergency options exist for that reason.

Kipu Terra provides the psychosocial evaluation only. It does not prepare the EOIR-42B application, the respondent's testimony, or legal arguments for the hearing; those stay with the attorney. Questions about eligibility, the continuous-presence requirement, or court strategy are for the referring attorney.