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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
EXTREME HARDSHIP EXCEPTIONAL AND EXTREMELY UNUSUAL THE DIFFERENCE THIS FILING TURNS ON WHAT IT TAKES THIS FILING
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.

The gap between the standards

What clears the lower bar does not clear this one.

This filing is decided against a materially higher standard. A report built for extreme hardship has answered the wrong question.

EXTREME HARDSHIP
A qualifying relative would struggle financially.
A child would change schools.
Medical care is worse there.
The family would be separated.
EXCEPTIONAL AND EXTREMELY UNUSUAL
The household loses care it currently provides itself, at a cost it can neither absorb nor purchase.
A child with identified needs loses services for which no equivalent exists in the country of removal.
A named condition requires treatment that is unavailable, and the relative's capacity to function without it is documented.
Separation alone does not reach this standard. A report resting on it has answered the lower question.
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.

01

Medical and psychiatric need

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

02

Developmental and educational

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

03

Caregiving structure

Dependency arrangements that cannot simply be reassigned to another adult.

04

Economic consequence

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

05

Country conditions

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

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

Response validity can be especially important in forensic and immigration evaluations. In immigration court, where the report may be examined directly, it is addressed in the report rather than assumed.

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 among the first things challenged.

Every evaluation

Four parts, written to the standard of the filing.

01 Background & history02 Clinical findings03 Assessment results04 Opinion & basis
Information for attorneys
7–10

business days is the general timeline from the completed evaluation to the delivered report. An expedited timeline may be possible when a deadline is close.

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.