A cancellation of removal evaluation is a clinical assessment, prepared for immigration court, that documents the mental health impact a respondent's removal would have on qualifying relatives. For non-permanent residents, the standard is "exceptional and extremely unusual hardship" to a U.S. citizen or permanent resident spouse, parent, or child. Amrinderjit Singh, LCSW conducts these evaluations by telehealth in 9 states.
The hardship standard
Non-permanent resident cancellation of removal requires ten years of continuous physical presence, good moral character, and a showing that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child. The Board of Immigration Appeals described this standard in Matter of Monreal-Aguinaga (2001) as hardship substantially beyond what would ordinarily be expected when a close family member leaves the country. It is a higher bar than the "extreme hardship" standard used for I-601 waivers.
Unlike most waivers, children count as qualifying relatives here. That makes the mental health, developmental, and educational needs of U.S. citizen children central to many cases.
What the evaluation documents
- Each qualifying relative's current mental health, measured with validated instruments.
- The respondent's role in the family — caregiving, emotional support, financial support, and stability.
- Anticipated impact of the respondent's removal, including on children's emotional wellbeing and functioning.
- Existing diagnoses and treatment, and how removal or relocation would disrupt them.
- DSM-5-TR diagnoses where clinically supported, and treatment recommendations.
Other forms of cancellation
VAWA cancellation of removal uses an "extreme hardship" standard and also looks at the effects of abuse — see VAWA evaluations. For permanent resident cancellation (EOIR-42A), an evaluation can document family ties, rehabilitation, and other equities the court weighs in its discretion.
Court deadlines
Immigration courts set firm filing deadlines before individual hearings. Share the hearing and filing dates at referral; standard turnaround is 10–15 business days and 7-business-day expedited service is available.
Available in 9 states
Evaluations are conducted by secure telehealth for clients physically located in any of these states at the time of the session:
Frequently asked questions
What is the difference between extreme hardship and exceptional and extremely unusual hardship?
Extreme hardship is the standard for most waivers, such as the I-601A. Exceptional and extremely unusual hardship, used in non-LPR cancellation of removal, is a higher standard: the hardship must be substantially beyond what normally results when a family member is removed.
Can U.S. citizen children be qualifying relatives for cancellation of removal?
Yes. For non-permanent resident cancellation, a U.S. citizen or permanent resident child is a qualifying relative, along with a spouse or parent.
Which family members are interviewed?
The evaluation focuses on the qualifying relatives and the respondent. The attorney and evaluator decide together at intake which family members should participate.
Written by Amrinderjit Singh, LCSW · Last updated September 2026. This page describes clinical services and is not legal advice; eligibility questions should be directed to an immigration attorney.