Cancellation of Removal Evaluations

A cancellation of removal evaluation is a written mental health evaluation for an immigration court case. It describes how a parent's or spouse's deportation would affect the family members who are U.S. citizens or permanent residents. Neema Counseling conducts these evaluations by secure video across Texas and Colorado, in English or Spanish, and they are written by Licensed Professional Counselors.

What cancellation of removal is

Cancellation of removal is a defense in immigration court. For someone who is not a permanent resident, the immigration judge can cancel the deportation and grant permanent residence if the person shows four things:

• At least ten years of continuous physical presence in the United States.
• Good moral character during that time.
• No disqualifying criminal convictions.
• That removal would cause "exceptional and extremely unusual hardship" to a spouse, parent or child who is a U.S. citizen or permanent resident.

The application is Form EOIR-42B, and your attorney files it with the immigration court. The first three requirements are legal questions for your attorney. The evaluation speaks to the fourth.

A higher standard than a hardship waiver

For an I-601 or I-601A waiver, the standard is extreme hardship. Cancellation of removal asks for exceptional and extremely unusual hardship: hardship well beyond what family members ordinarily go through when someone is deported. Grief and worry about separation are real, and on their own they usually do not meet that standard. The evaluation has to describe, specifically and accurately, what makes this family's situation different.

Who is evaluated

The hardship has to fall on the qualifying relative, so the evaluation centers on that person. Most often that is a U.S. citizen child, and sometimes it is a spouse or parent. Your attorney will tell us who should be evaluated, and when a child is involved, we talk with you and your attorney about how to include them.

What the evaluation covers

• Each qualifying relative's mental health history and current symptoms.
• Medical conditions, disabilities or special needs, and the care the family depends on.
• Schooling, language, and ties to church and community in the United States.
• The role the person facing removal plays in daily care, income and stability.
• What would happen in either outcome: the family separating, or the family relocating together.
• Earlier trauma or losses that would make a separation harder.

The report is written for your attorney to file with the court.

How it works

1. Your attorney recommends an evaluation and sends us the documents that matter for the case.
2. You schedule the evaluation. The free 15-minute consultation Neema offers for counseling does not apply to evaluations.
3. Two to three interviews by secure video, with screening questionnaires where they fit.
4. We write the report and send it to your attorney. Most reports are finished three to five weeks after the final appointment. If your hearing date is close, tell us when you schedule: expedited timelines may be available for an additional fee, depending on clinician availability.

Cost

The fee for a cancellation of removal evaluation is $750. The fee covers the interviews, the document review and the written report. If an expedited timeline is required, an expedited fee will apply.

Who performs the evaluation

Fabian Armenta, LPC, and Lauren Jones, LPC-S, are Licensed Professional Counselors, and Neema's immigration evaluations are psychosocial and mental health evaluations. If your attorney needs formal psychological testing or testimony from a psychologist, we will say so at the start and refer you to a colleague who provides it. Our article on whether an immigration evaluation has to be done by a psychologist explains the difference.

Evaluations are conducted by video

Every Neema immigration evaluation is conducted by secure video. There is no in-person requirement for evaluations, in Austin, Houston, or anywhere else, so you can complete the evaluation from home anywhere in Texas or Colorado. Ongoing counseling, if you need it, is a separate service and is available in person at our Austin and Houston offices as well as online.

Counseling while the case is pending

Removal cases can take years, and the waiting is hard on marriages and on children. Neema also offers immigration counseling for individuals, couples and families living through the process, in English and Spanish. Counseling is not part of the evaluation and does not affect it. It is there if you need support.

Frequently asked questions

What is Form EOIR-42B?

It is the application for cancellation of removal for people who are not permanent residents. Your attorney files it with the immigration court, and the evaluation is one of the documents that can support it.

Do I need an attorney before I schedule?

We strongly recommend it. Cancellation of removal is decided by an immigration judge, and your attorney decides whether an evaluation is useful, what it should address, and when it is due. We are glad to coordinate with your attorney directly.

Who should be evaluated?

Usually the qualifying relative: the U.S. citizen or permanent resident spouse, parent or child whose hardship the case depends on. Your attorney will tell us who should be evaluated for your case.

How long does it take?

Most reports are finished three to five weeks after your final appointment. Expedited timelines may be available for an additional fee, depending on clinician availability.

Can the evaluation be done in Spanish?

Yes. Fabian Armenta, LPC, conducts evaluations in Spanish. Lauren Jones, LPC-S, also works with Spanish-speaking clients, with Elvia Delgado, LPC-Associate, assisting with translation. Tell us which you would prefer when you schedule.

Is the evaluation done in person?

No. All Neema immigration evaluations are conducted by video, across Texas and Colorado.

Does the evaluation guarantee the outcome?

No. The evaluation is one piece of evidence among many, and the decision belongs to the immigration judge. A clear, thorough and honest evaluation gives your attorney the strongest possible account of your family's situation.

Schedule a cancellation of removal evaluation

If your attorney has recommended an evaluation for a cancellation of removal case, schedule an immigration evaluation with Neema Counseling. Evaluations are conducted by video across Texas and Colorado, in English or Spanish. You can also read about our immigration evaluations in Houston and in Austin.