Psychological Evaluation
for Cancellation of Removal
EOIR-42A and EOIR-42B
When a judge decides whether you stay or leave, your story is only part of it. What your removal would do to your family weighs just as much. Our report puts that impact in writing, with testing and clinical judgment.
Your children shouldn't carry the weight of your case
Children who stop sleeping, whose grades drop, who ask if dad or mom is going to disappear. Elderly parents who depend on you. A spouse who is ill.
Before the judge, you must show that the harm to them would be exceptional and extremely unusual. It is one of the hardest standards in immigration law.
The psychological evaluation shows, with tests and clinical judgment, the real impact on each qualifying relative.
Two forms,
two different situations
Your attorney decides which one applies to your case. The evaluation focuses on what the judge needs to see in each.
- EOIR-42A: for permanent residents in removal proceedings. The report highlights your family ties, your roots in the community and, when it applies, your rehabilitation.
- EOIR-42B: for non-residents with at least 10 years in the United States. The report documents the harm your removal would cause your U.S. citizen or resident spouse, parents or children.
What you need to know about the cancellation of removal evaluation
What is it?
A clinical interview with standardized testing for you and your qualifying relatives. The result is a signed report that explains, in terms the judge can use, how each person’s life would change if you had to leave.
Who needs it?
People in removal proceedings who are applying for cancellation of removal with Form EOIR-42A or EOIR-42B, especially when they have U.S. citizen or resident children, a spouse or parents.
Why does it matter?
It gives the judge professional evidence of harm that is hard to prove with testimony alone. Without an evaluation, emotional harm stays in words. With one, it is documented.
How long does it take?
About 7 days after the interview. If your hearing is coming up, choose Express delivery (48 to 72 hours) or 24-Hour Rush delivery.
"You don't have to tell your story perfectly. You just have to tell it the way it happened. We take care of the rest."Dr. Gustavo R. Benejam, Psy.D.
What your evaluation for the court documents
Each section answers what the immigration judge needs to see in a cancellation of removal application. The report doesn’t exaggerate or promise an outcome: it describes precisely what the evaluation found.
- IHistory of the family and of each qualifying relative
- IIEmotional, financial and caregiving dependence
- IIIStandardized psychological tests suited to each age
- IVDiagnostic impression, conditions that make the harm worse and risks if you are deported
- VClinical conclusions signed by Dr. Benejam
How it works
Book
Online, by phone or by text. We confirm the exact date and time.
Interview
In your language, at your own pace.
Signed report
For you and your attorney.
Dr. Benejam explains the cancellation of removal evaluation
In a few minutes: what the cancellation of removal evaluation is for, what the interview is like and what your attorney receives.
A Licensed Clinical Psychologist
signs your report
Your evaluation is led by Dr. Gustavo R. Benejam, a Licensed Clinical Psychologist, together with his clinical team. He reviews and signs every report.
Frequently asked questions
about the EOIR-42B evaluation
Can’t find your question? Text us at (305) 981-6434.
What does “exceptional and extremely unusual” mean?
That the harm to your family would have to go well beyond what any family goes through when a parent is deported. A serious illness, a disability or a child with special needs often carries weight. The evaluation identifies those factors in your case.
Who is evaluated, me or my family?
Mainly your qualifying relatives: your children, your spouse or your parents. We also interview you to understand the whole story. Children are assessed calmly, with tests suited to their age.
Can school and medical records be used?
Yes. We review report cards, special education plans (IEP), medical records and any document that shows your family’s situation.
Does the judge read the whole report?
The report is organized so the judge and the government attorney can quickly find what they need: clear conclusions backed by testing. Your attorney decides how to present it.
Can my spouse or my adult parents be evaluated?
Yes. For adults, we document the emotional, medical or financial decline your absence would cause them.
What happens in the interview?
We talk about your story and you answer a few brief tests. You can take breaks whenever you need.
Does my health insurance cover it?
No. Health insurance, Medicaid and Medicare do not cover psychological evaluations for immigration purposes.
Can I do it by video if I don't live in Florida?
In almost every state, yes, thanks to Dr. Benejam's PSYPACT authorization. Check the state map or text us.
Does the evaluation guarantee approval?
No. No evaluation guarantees an outcome. What it does is document your case with clinical rigor so it is considered in full.
Take the first step today
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