Psychological Evaluations for EOIR-42B Cancellation of Removal
In a cancellation of removal case, a psychological evaluation documents the condition of the qualifying relatives whose hardship the case depends on.
Call Sandra: 1-202-519-8104What this case type is
Cancellation of removal for nonpermanent residents, filed on Form EOIR-42B, is a form of relief requested in immigration court. The person in proceedings must show at least 10 years of continuous physical presence in the United States, good moral character during that time, no disqualifying convictions, and that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child (INA 240A(b)(1)). A child here means unmarried and under 21.
That hardship standard is higher than the extreme hardship standard used in waiver cases, so the psychological condition of the qualifying relatives, often children, is frequently central to the case.
Form EOIR-42B is also used for a separate VAWA form of cancellation (INA 240A(b)(2)), which uses the lower extreme hardship standard and can include hardship to the applicant.
What the evaluation looks at
- The psychological condition of each qualifying relative the attorney identifies.
- The relative's dependence on the person in proceedings, emotionally, practically and financially.
- What the available information shows about the likely psychological effect of the person's removal on the relative.
- Existing diagnoses, developmental needs or treatment that bear on the hardship question.
The written report states Sandra's findings as what the available information supports. The attorney decides how to use it in the case.
Who conducts the evaluation
Sandra Arboleda, LICSW, a Licensed Independent Clinical Social Worker, conducts evaluations directly in English or Spanish.
Evaluations are conducted by telehealth for clients in 40 states and jurisdictions.
Questions
Who counts as a qualifying relative?
A U.S. citizen or permanent resident spouse, parent or child of the person in proceedings. A child must be unmarried and under 21.
What should the attorney send when referring?
The case type, which relatives the case relies on, each person's preferred language and where they are located.
Can the evaluation be done in Spanish?
Yes. Sandra Arboleda conducts evaluations directly in English or Spanish.