Interior page draft for Dr. Naratadam · EOIR-42B cancellation of removal
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A materially higher bar.

The standard at issueExceptional and extremely unusual hardship to a qualifying United States citizen or lawful permanent resident relative.

This is not extreme hardship with stronger adjectives. It is a different and considerably higher standard, assessed in immigration court, and the psychological evidence has to be built to meet it.

Two standards, not oneIllustrative · not case data
EXCEPTIONAL AND EXTREMELY UNUSUAL EXTREME HARDSHIP HEALTHDEVELOP.EDUCATIONCAREGIVINGECONOMICCOUNTRYCUMUL.
Case profile Ordinary range Above the standard
Higher bar
Above the extreme hardship standard
Court
Immigration court, testimony available
7–10 days
Report turnaround, business days
Qualifying relative
Spouse, parent or child
Where this one is decided

This is argued in front of a judge, and the report should read like it knows that.

Testimony is available where the case calls for it.

What the evaluation establishes

What the evaluation has to reach.

Hardship is assessed to the qualifying relative rather than to the respondent, and it has to clear a bar most cases do not.

Factor 01

Medical and psychiatric need

Conditions requiring treatment that is unavailable, unaffordable or materially worse in the country of removal.

Factor 02

Developmental and educational

Children with identified needs, services already in place, and whether any equivalent exists on return.

Factor 03

Caregiving structure

Dependency arrangements that cannot simply be reassigned to another adult.

Factor 04

Economic consequence

Not reduced income alone, but the specific cost of care and treatment currently absorbed by the household.

Factor 05

Country conditions

Assessed against the qualifying relative's actual capacity to function there, not in the abstract.

Factor 06

Cumulative and comparative

The standard is comparative by construction. The report addresses how this case differs from the ordinary one.

Instruments

What gets measured on a cancellation case.

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

Qualifying relative
  • 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

The SIMS matters most to a case like this. Adjudicators are alert to overstatement, so the report answers that question directly rather than leaving it to be raised.

Children, where they are part of the case
  • WISC-V · WPPSI-IV · KBIT-2Wechsler and Kaufman scales
    Thinking and reasoning ability
  • WIAT-4 · WRAT-5Wechsler and Wide Range achievement tests
    Reading, writing and math against grade level
  • Batería IVWoodcock-Muñoz
    The same testing, normed in Spanish
  • BASC-3 · Conners 4Behavioural and attention scales
    Behaviour, attention and emotional functioning
  • Vineland-3Adaptive behaviour scales
    Daily-living and independence skills

Where a child's development or schooling carries the hardship argument, it is tested. In this forum an untested assertion about a child is the first thing challenged.

The deliverable

What counsel receives.

Four parts, in this order, written to the standard your filing turns on.

Part 01

Background & history

Migration history, family structure, medical and caregiving load, and what is actually at stake.

Part 02

Clinical findings

Mental status, symptom picture, and functional impairment, gathered across one or more sessions in the client’s own language.

Part 03

Test results

Scored and normed instrument data, presented with what each measure was chosen to answer, including response validity.

Part 04

Opinion & basis

The conclusion, the reasoning behind it, and the limits of what the evaluation can support. Testimony available.

Credibility matters. Our evaluations address it directly.

A response-validity measure tests whether symptoms are being overstated. Including it means the report answers that question directly, rather than leaving it for opposing counsel to raise at hearing.

The comparison to the ordinary case is the argument. A report that documents hardship without addressing how it is unusual has answered a different question.

Speed

Turnaround matters when a filing deadline is approaching.

Scheduling within a few days. Expedited when a filing deadline requires it.

Published by a page-one Chicago practice
21

days to a completed report

Fresh Psychological Beginnings
7–10

business days after the evaluation, and often sooner

Turnaround is measured from the completed evaluation to the delivered report. Scheduling is separate and usually happens within a few days.

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.