Immigration Evaluation Glossary

PCL-5 , PTSD Checklist for DSM-5

A 20-item self-report measure assessing the 20 DSM-5 symptoms of post-traumatic stress disorder. Free, public-domain instrument from the National Center for PTSD. The National Center for PTSD reports that a cutoff between 31 and 33 indicates probable PTSD across samples, and that the right cutoff depends on the population and purpose. Commonly used in asylum, VAWA, U-visa, T-visa, and hardship waiver evaluations.

National Center for PTSD

PHQ-9 , Patient Health Questionnaire-9

A 9-item self-report measure of major depressive disorder severity. Maps directly onto DSM-5-TR depression criteria. Score interpretation: 5-9 mild, 10-14 moderate, 15-19 moderately severe, 20-27 severe. Commonly used alongside the PCL-5.

GAD-7 , Generalized Anxiety Disorder 7-item scale

A 7-item self-report screening for generalized anxiety disorder. Score interpretation: 5-9 mild, 10-14 moderate, 15-21 severe. Validated across populations and language groups. Commonly paired with the PCL-5 and PHQ-9 in trauma-exposed clients.

BDI-II , Beck Depression Inventory, Second Edition

A 21-item self-report measure of depression severity in adolescents and adults. Its items follow the depression symptoms listed in the DSM-IV criteria. Score interpretation: 0-13 minimal, 14-19 mild, 20-28 moderate, 29-63 severe. Proprietary instrument requiring purchased materials.

MoCA , Montreal Cognitive Assessment

A 30-point cognitive screening tool used in N-648 disability waiver evaluations to screen thinking and memory. A score below 26 is the usual screening cutoff for possible cognitive impairment; a screening score is not a diagnosis and is read together with history, interview and other testing. It was developed to screen for mild cognitive impairment (Nasreddine et al., 2005).

DES-II , Dissociative Experiences Scale, Second Version

A 28-item self-report measure of dissociative symptoms, depersonalization, derealization, and dissociative amnesia. Used in T-visa and trafficking evaluations when dissociative symptoms are part of the clinical picture. A score above 30 suggests significant dissociative symptoms.

SIMS , Structured Inventory of Malingered Symptomatology

A 75-item screening for symptom over-reporting and feigning. Included selectively in immigration evaluations when symptom over-reporting is a foreseeable concern. It is a screen, not proof of feigning, and its results are read with the rest of the evaluation.

TSI-2 , Trauma Symptom Inventory, Second Edition

A 136-item self-report measure of acute and chronic trauma-related symptoms across a range of clinical scales (such as anxious arousal and dissociation), with validity scales. Used in U-visa, VAWA, and T-visa evaluations to capture complex post-traumatic symptom patterns the PCL-5 alone may miss. Proprietary instrument from Psychological Assessment Resources.

WAIS-IV , Wechsler Adult Intelligence Scale, Fourth Edition

An individually administered measure (10 core subtests and 5 supplemental) of cognitive ability in adults aged 16 to 90, generating Verbal Comprehension, Perceptual Reasoning, Working Memory, Processing Speed, and Full-Scale IQ scores. Used in immigration evaluations to document intellectual disability for N-648 disability waivers, competency assessments under Matter of M-A-M-, and capacity questions in trafficking and SIJS cases. Proprietary instrument from Pearson.

MMPI-3 , Minnesota Multiphasic Personality Inventory, Third Edition

A 335-item self-report measure of personality and psychopathology with 10 validity scales designed to detect over-reporting, under-reporting, and inconsistent responding. The MMPI-3 (released 2020) is the current edition, replacing the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) and MMPI-2-RF. Used in contested asylum, hardship, and competency cases because its validity scales screen for possible over- or under-reporting. Proprietary instrument from Pearson.

TOMM , Test of Memory Malingering

A 50-item visual recognition memory test with two learning trials and an optional retention trial, designed to screen for feigned memory impairment. Scores below 45 on Trial 2 or Retention raise concern for non-credible performance. Used selectively in N-648 and competency evaluations as one screen for possible feigned memory problems when cognitive deficits are reported. Proprietary instrument from Multi-Health Systems.

Mental Status Examination (MSE)

A structured clinician observation covering appearance, behavior, speech, mood, affect, thought process, thought content, perception, cognition, insight, and judgment. Part of a forensic psychological evaluation, along with the interview and, where appropriate, standardized testing; Dr. Mantonya's evaluations include one. The MSE records what the evaluator observes, which is read together with what the person reports.

Forensic Interview

A structured or semi-structured clinical interview conducted to address legal questions rather than to plan treatment. The forensic immigration interview probes trauma history, symptom onset and course, mental status, family and developmental history, country-of-origin context, and how the account is told across the interview and the records. The report describes what the person said, often with direct quotes, so the immigration judge or United States Citizenship and Immigration Services (USCIS) officer can see the basis for the clinical conclusions.

Collateral Source

Independent information from sources other than the evaluee, medical records, police reports, country conditions reports, declarations from family or witnesses, prior treatment notes, school records, that the forensic evaluator reviews to corroborate or qualify self-report findings. The report names the collateral information reviewed, and when information could not be corroborated, it says so and explains the limits that places on the findings. The American Psychological Association (APA) Specialty Guidelines for Forensic Psychology, which are aspirational rather than mandatory, encourage gathering information from more than one source when feasible.

MMSE , Mini-Mental State Examination

A 30-point clinician-administered cognitive screening tool covering orientation, registration, attention and calculation, recall, and language. Scores below 24 typically show cognitive impairment, with cutoffs adjusted for age and education. Used alongside the MoCA in N-648 disability waiver and competency evaluations to document cognitive deficits affecting English or civics learning, or capacity to understand removal proceedings under Matter of M-A-M-.

BAI , Beck Anxiety Inventory

A 21-item self-report measure of anxiety severity in adolescents and adults, focused on somatic symptoms (numbness, dizziness, heart pounding) to distinguish anxiety from depression. Score interpretation: 0-7 minimal, 8-15 mild, 16-25 moderate, 26-63 severe. Often paired with the GAD-7 in trauma-exposed clients to capture the somatic dimension of anxiety that the GAD-7 alone may miss. Proprietary instrument from Pearson.

HAM-A , Hamilton Anxiety Rating Scale

A 14-item clinician-administered scale rating anxiety severity across psychic and somatic clusters. Distinct from self-report measures because the clinician scores observed behavior and reported symptoms together, which adds a clinician-rated measure alongside the self-report questionnaires.

Trail Making Test , TMT Parts A and B

A two-part neuropsychological test of visual attention, processing speed, and executive functioning. Part A requires connecting numbered circles in order; Part B alternates numbers and letters. Time to completion and errors are scored. Used in N-648 and competency evaluations to document cognitive deficits affecting capacity to learn English and civics or to handle immigration proceedings, and as a brief screen for impaired executive function in older trauma survivors.

WCST , Wisconsin Card Sorting Test

A neuropsychological measure of executive functioning, set-shifting, and abstract reasoning in which the examinee sorts cards according to changing rules without explicit instruction. Used selectively in N-648 and competency evaluations to document executive dysfunction relevant to capacity questions, particularly in cases involving frontal-lobe injury, severe depression, or cognitive sequelae of prolonged trauma. Proprietary instrument from Psychological Assessment Resources.

Functional capacity assessment

A structured forensic evaluation of an individual's ability to perform specific real-world tasks relevant to a legal question, for immigration, capacity to understand and meaningfully participate in removal proceedings (under Matter of M-A-M-), capacity to learn English and civics for naturalization (Form N-648), or capacity to consent to clinical evaluation. Combines clinical interview, mental status examination, standardized testing, and observation of task performance into a written clinical opinion; how much weight it gets is for the immigration judge or USCIS officer.

Activities of daily living (ADL)

The basic self-care tasks (bathing, dressing, toileting, transferring, feeding, continence) and instrumental tasks (managing medications, finances, transportation, communication, meal preparation) used to operationalize functional impairment in psychological evaluations. Documenting specific ADL deficits, sleep disruption, inability to leave the home alone, inability to manage household finances, parenting capacity decrements, gives concrete detail about daily functioning in I-601, cancellation, N-648, and competency cases.

Clinical interview methodology

The structured framework a forensic immigration evaluator uses to gather information, typically combining a semi-structured opening (presenting concerns, referral question), a chronological trauma and developmental history, structured DSM-5-TR symptom probes for the relevant diagnostic categories, a mental status examination, and follow-up questions on the history. The report describes what the person said, often with direct quotes, so the immigration judge or USCIS officer can see the basis for the clinical conclusions and compare the interview content to the personal declaration and other record evidence. Distinct from a treatment-focused intake, which emphasizes therapeutic alliance over full forensic documentation.

DSM-5-TR , Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision

The American Psychiatric Association's diagnostic manual. Our evaluations use DSM-5-TR criteria. It replaces DSM-5; the text revision updates cultural formulation, prevalence data, and International Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM) coding.

American Psychiatric Association

PTSD , Post-Traumatic Stress Disorder

A trauma- and stressor-related disorder defined in DSM-5-TR by four symptom clusters: intrusion, avoidance, negative alterations in cognition or mood, and hyperarousal. Documented in immigration cases involving asylum, VAWA, U-visa, T-visa, and hardship waiver applications.

National Institute of Mental Health

Major Depressive Disorder (MDD)

A DSM-5-TR mood disorder requiring five or more of nine symptoms in the same two-week period, at least one of them depressed mood or loss of interest or pleasure (others include sleep problems and fatigue); a diagnosis needs clinical assessment. Often documented in qualifying relatives in hardship waiver and cancellation of removal cases. Documented via PHQ-9, BDI-II, and structured clinical interview.

Complex PTSD (C-PTSD)

An ICD-11 diagnostic category diagnosed when a person meets the ICD-11 criteria for PTSD and also has disturbances in self-organization: significant difficulties in affect regulation, self-concept and relationships. It can follow any trauma, though it is more likely after chronic, repeated interpersonal trauma such as intimate partner violence, trafficking or captivity (Department of Veterans Affairs (VA) National Center for PTSD). It is not a DSM-5-TR diagnosis. Can be relevant in VAWA, T-visa, and asylum evaluations involving long-term coercive control.

Acute Stress Disorder (ASD)

A DSM-5-TR trauma- and stressor-related diagnosis (ICD-10-CM F43.0) for symptoms lasting 3 days to 1 month after exposure to a traumatic event. Requires nine or more symptoms across intrusion, negative mood, dissociation, avoidance, and arousal clusters. The diagnosis does not apply after one month; if symptoms continue, the clinician reassesses, and PTSD is diagnosed only if its own criteria are met. Can apply in immigration evaluations conducted soon after a recent traumatic event such as detention, assault, or arrival from a war zone.

Adjustment Disorder

A DSM-5-TR diagnosis (ICD-10-CM F43.2x) for clinically significant emotional or behavioral symptoms developing within 3 months of an identifiable stressor and lasting no longer than 6 months after the stressor or its consequences have ended. Subtypes include with depressed mood, with anxiety, with mixed anxiety and depressed mood, and with disturbance of conduct. Often considered as a differential diagnosis when PTSD criteria are not fully met but functional impairment is present.

Persistent Depressive Disorder , PDD

A DSM-5-TR mood disorder (ICD-10-CM F34.1) requiring depressed mood for most of the day, more days than not, for at least two years (one year in children and adolescents), with two or more associated symptoms (poor appetite, sleep disturbance, low energy, low self-esteem, poor concentration, hopelessness). It includes the older diagnosis of dysthymic disorder and some chronic major depression; the two terms are not exact synonyms. Commonly documented in qualifying relatives for hardship waivers and in long-traumatized asylum applicants. Defined by how long the depression lasts rather than how severe it is, so a chronic major depressive disorder can also meet it.

Generalized Anxiety Disorder (GAD)

A DSM-5-TR anxiety disorder (ICD-10-CM F41.1) requiring excessive worry occurring more days than not for at least six months, accompanied by three or more symptoms (only one in children) (restlessness, fatigue, concentration difficulty, irritability, muscle tension, sleep disturbance) and clinically significant distress or impairment. Documented via the GAD-7 and structured clinical interview, commonly co-occurring with PTSD and major depressive disorder in immigration evaluation populations.

Panic Disorder

A DSM-5-TR anxiety disorder (ICD-10-CM F41.0) defined by recurrent unexpected panic attacks plus persistent concern about additional attacks or maladaptive behavioral change for at least one month. Can be documented in U-visa, T-visa, and asylum cases. Distinguished from panic attacks alone, which can be a feature of multiple disorders without warranting an independent panic disorder diagnosis.

Reactive Attachment Disorder (RAD)

A DSM-5-TR trauma- and stressor-related disorder (ICD-10-CM F94.1) of early childhood characterized by inhibited, emotionally withdrawn behavior toward caregivers, developing before age 5 in a child who experienced pathogenic care (social neglect, repeated changes of primary caregivers, institutional rearing). Documented in some Special Immigrant Juvenile Status (SIJS) and asylum cases involving prolonged child neglect or institutional care abroad.

Disinhibited Social Engagement Disorder (DSED)

A DSM-5-TR trauma- and stressor-related disorder (ICD-10-CM F94.2) of childhood characterized by overly familiar, indiscriminate behavior toward unfamiliar adults in a child whose history includes pathogenic care (social neglect, frequent caregiver changes, institutional rearing). Distinct from reactive attachment disorder. Sometimes documented in SIJS evaluations of children who experienced extreme early-childhood neglect or trafficking.

Functional Impairment

A clinically significant disturbance in occupational, academic, social, or other important areas of functioning attributable to a mental disorder. Many DSM-5-TR diagnoses require clinically significant distress or impairment in functioning (a diagnosis alone does not show impairment), and an evaluation describes how a diagnosis affects daily life, work, parenting, sleep, relationships, and the ability to take part in proceedings. Frequently the bridge between diagnosis and the legal hardship standard in I-601 and cancellation cases.

Differential diagnosis (DDx)

The clinical reasoning process of identifying which DSM-5-TR diagnosis best accounts for a client's presentation by systematically weighing alternative explanations, adjustment disorder vs. PTSD, major depressive disorder vs. persistent depressive disorder, malingering vs. genuine pathology. A defensible immigration evaluation walks through differentials explicitly so the report demonstrates why competing explanations were ruled out, rather than asserting a diagnosis without showing the work.

Malingering , Z76.5 (ICD-10-CM)

The intentional fabrication or exaggeration of physical or psychological symptoms motivated by external incentive, listed in DSM-5-TR among other conditions that may be a focus of clinical attention (ICD-10-CM Z76.5), not as a mental disorder. Forensic immigration evaluators address malingering proactively through validity-scale testing (MMPI-3, SIMS, TOMM), behavioral observation, and comparison across interview, testing, and collateral records, including in asylum and other contested cases.

EMDR , Eye Movement Desensitization and Reprocessing

A trauma-focused psychotherapy developed by Francine Shapiro. Often referenced in immigration evaluations as a recommended treatment, distinct from the forensic evaluation itself, that the evaluator may suggest the client pursue with a treating clinician for ongoing care.

Cognitive Processing Therapy (CPT)

A structured, time-limited, evidence-based cognitive-behavioral treatment for post-traumatic stress disorder (PTSD) developed by Patricia Resick, focused on identifying and modifying trauma-related distorted beliefs (often called "stuck points") about safety, trust, power, esteem, and intimacy. Related trauma treatments include EMDR and Prolonged Exposure. Often referenced in immigration evaluations as a treatment recommendation, distinct from the forensic evaluation, that the client may pursue with a treating clinician.

VAWA , Violence Against Women Act

Federal law that lets an abused spouse or child of a U.S. citizen or LPR, or an abused parent of a U.S. citizen son or daughter aged 21 or older, self-petition for permanent residence without the abuser's involvement (Immigration and Nationality Act (INA) 204(a)(1)(A)-(B)). 8 United States Code (U.S.C.) § 1367 limits disclosure, with listed exceptions. Despite the name, VAWA protections apply to victims of any gender. See our VAWA evaluation service and VAWA evidence guide.

USCIS Form I-360

U-Visa , U Nonimmigrant Status

A nonimmigrant visa for victims of qualifying criminal activity who suffered substantial physical or mental abuse and have been, are being, or are likely to be helpful to law enforcement. Capped at 10,000 principal grants per year, with pending petitions far above the cap. Path to a green card after three years of continuous presence in U status. See our U-visa evaluation service and U-visa evaluation guide.

USCIS Form I-918

T-Visa , T Nonimmigrant Status

A nonimmigrant status for victims of severe forms of human trafficking who are physically present in the United States on account of the trafficking, comply with reasonable law enforcement requests (with exceptions for those who were under 18 when at least one act of trafficking occurred, and for those unable to cooperate because of physical or psychological trauma), and would suffer extreme hardship involving unusual and severe harm on removal (8 Code of Federal Regulations (CFR) 214.202). Trafficking is defined at 22 U.S.C. § 7102(11). Subject to an annual cap on principal grants (INA 214(o)(2)). Path to a green card after a required period of continuous presence since admission in T status, or sooner if the Attorney General finds the investigation or prosecution complete. See our T-visa evaluation service.

USCIS Form I-914

Withholding of removal , INA 241(b)(3)

Mandatory protection under INA 241(b)(3) against removal to a country where the noncitizen's life or freedom would be threatened on a protected ground (race, religion, nationality, political opinion, or membership in a particular social group), for an applicant who meets that standard and is not subject to a statutory bar. Higher burden of proof than asylum (clear probability vs. well-founded fear), but no one-year filing deadline and no firm-resettlement bar. Does not lead to permanent residence. Often pleaded in the alternative on Form I-589.

Convention Against Torture , CAT protection

Protection from removal under Article 3 of the United Nations Convention Against Torture, implemented in U.S. law at 8 CFR 208.16-208.18. Available to noncitizens who can show it is more likely than not they would be tortured if returned, by, or at the instigation of, or with the consent or acquiescence of, a public official acting in an official capacity or another person acting in an official capacity (8 CFR 1208.18(a)(1)). No protected-ground requirement (unlike asylum). A particularly serious crime and similar bars can preclude CAT withholding, but CAT deferral of removal remains available even to noncitizens subject to those bars. Two forms: withholding of removal under CAT and deferral of removal under CAT.

8 CFR 208.16 (Cornell LII)

TPS , Temporary Protected Status

A temporary immigration status under INA 244 for certain eligible nationals of countries the Secretary of Homeland Security has designated, and eligible people without nationality who last habitually resided there, due to ongoing armed conflict, environmental disaster, or other extraordinary conditions. TPS recipients receive employment authorization and protection from removal; TPS does not by itself lead to permanent residence, though a person may qualify for another immigration benefit. Designations are reviewed periodically and can be extended or terminated.

USCIS, Temporary Protected Status

DACA , Deferred Action for Childhood Arrivals

A Department of Homeland Security policy granting renewable deferred action and work authorization to certain noncitizens who entered the United States before age 16, met continuous residence requirements, and have no disqualifying criminal record. DACA is not a status, it is a discretionary deferral of removal. It has been in federal litigation for years, and whether USCIS accepts new requests has changed over time; check the USCIS DACA page for the current status. A psychological evaluation may document hardship to U.S.-citizen children if a DACA recipient faces removal.

USCIS, DACA

Voluntary departure , INA 240B

A discretionary form of relief under INA 240B allowing a noncitizen to leave the United States at their own expense within a set period instead of being formally removed. When it is granted at the end of proceedings, the judge also enters an alternate removal order that takes effect if the person does not leave in time; leaving on time means no removal order is carried out, though other bars (such as those for unlawful presence) can still apply, and an attorney can explain the consequences. Voluntarily failing to depart in time brings a civil penalty and a 10-year bar to further voluntary departure, cancellation of removal, adjustment of status and two other listed forms of relief, with an exception for some abuse survivors (INA 240B(d)). The post-conclusion grant is shorter and requires good moral character and at least one year of physical presence.

Adjustment of status (AOS)

The procedure under INA 245 by which a noncitizen physically present in the United States applies to become a lawful permanent resident without leaving the country. Filed on Form I-485, usually with USCIS; for someone in removal proceedings (other than an arriving alien), the immigration judge decides it (8 CFR 1245.2(a)(1)). Distinct from consular processing, which requires departure for an interview at a U.S. embassy or consulate abroad. Many VAWA, U-visa, T-visa, and SIJS beneficiaries later apply to adjust status; some categories have their own rules, for example USCIS alone decides U-visa adjustment even for someone in removal proceedings (8 CFR 245.24(k)).

Consular processing

The procedure by which a noncitizen abroad obtains an immigrant visa through interview at a U.S. embassy or consulate, then enters the United States as a lawful permanent resident. Distinct from adjustment of status, which is filed within the U.S. on Form I-485. Often paired with an I-601 inadmissibility waiver or I-601A provisional unlawful presence waiver when grounds of inadmissibility apply. Many immigration evaluations support waiver filings tied to consular processing.

Lawful permanent resident (LPR) , Green card holder

A noncitizen authorized to live and work permanently in the United States, evidenced by a Permanent Resident Card (Form I-551, the "green card"). LPRs may be deportable for aggravated felonies, crimes involving moral turpitude (CIMTs), and other grounds under INA 237. Can generally apply for naturalization after 5 years, or after 3 years for someone who has been married to and living with a U.S. citizen for those 3 years and meets the other requirements (INA 319(a)). Frequently the qualifying relative for I-601, I-601A, and cancellation of removal hardship analyses.

USCIS, Green Card

Form I-130 , Petition for Alien Relative

USCIS form filed by a U.S. citizen, U.S. national or lawful permanent resident to establish a qualifying family relationship with a noncitizen relative seeking immigrant status. Step one of most family-based green card cases. Often paired with Form I-485 (in-country) or consular processing (abroad), and frequently a predicate to I-601 or I-601A waiver filings if inadmissibility issues exist.

USCIS Form I-130

Form I-485 , Application to Register Permanent Residence or Adjust Status

USCIS form used to apply for lawful permanent resident status (a green card) without leaving the United States, available to applicants with an approved immigrant petition or other adjustment-of-status eligibility under INA 245. Many people with an approved VAWA or SIJS petition, or with U or T nonimmigrant status, later file Form I-485 to apply for permanent residence if they are otherwise eligible.

USCIS Form I-485

Form I-601 , Application for Waiver of Grounds of Inadmissibility

USCIS form filed by inadmissible aliens applying for adjustment of status, immigrant visas, or other benefits to waive specific grounds of inadmissibility, including unlawful presence, fraud, or certain criminal grounds. What must be shown depends on the ground being waived; many of these waivers require extreme hardship to a qualifying U.S. citizen or LPR relative, and which relatives count depends on the ground.

USCIS Form I-601

Form I-601A , Application for Provisional Unlawful Presence Waiver

USCIS form for the provisional unlawful presence waiver, available to certain immigrant-visa applicants in the U.S. before they leave for a consular interview. Reduces family separation. Qualifying relative must be a U.S. citizen or LPR spouse or parent, children do not qualify regardless of age. See our hardship letter guide.

USCIS Form I-601A

Form I-918 , Petition for U Nonimmigrant Status

USCIS form filed by victims of qualifying criminal activity seeking U nonimmigrant status. Form I-918 Supplement A is for derivative family members (spouse, children, in some cases parents and siblings). Form I-918 Supplement B is the certification signed by a certifying agency or official (police, a prosecutor, a judge or another authority responsible for investigating or prosecuting the crime); without it, the principal petition cannot proceed. The I-918 is fee-exempt under USCIS's fee rules; fees change, so confirm on USCIS's official G-1055 fee schedule before filing. See our U-visa evaluation guide.

USCIS Form I-918

Form I-360 , Petition for Amerasian, Widow(er), or Special Immigrant

USCIS form used for VAWA self-petitions, Special Immigrant Juvenile Status (SIJS), Amerasian children of U.S. citizens, religious workers, and several other classifications. For VAWA cases, the petitioner checks the VAWA classification box and follows the VAWA-specific filing instructions. VAWA self-petitions are fee-exempt under USCIS's fee rules; fees change, so confirm on USCIS's official G-1055 fee schedule before filing. See our VAWA evidence guide.

USCIS Form I-360

Form I-589 , Application for Asylum and for Withholding of Removal

The application for asylum, also used to apply for withholding of removal under INA 241(b)(3) and protection under the Convention Against Torture. An asylum application must be filed within one year of arrival unless changed or extraordinary circumstances apply; that deadline is for asylum, and a person who cannot apply for asylum may still be able to apply for withholding or Convention Against Torture protection before an immigration judge (Form I-589 instructions). The same form is used in immigration court. Federal law now adds asylum fees, including a yearly fee while an application is pending, and litigation has affected who pays, so check the current fees on USCIS's fee schedule. See our asylum evaluation service.

USCIS Form I-589

Form EOIR-42B , Application for Cancellation of Removal, Non-LPR

Application for cancellation of removal under INA 240A(b) (ordinary non-LPR cancellation, 240A(b)(1), and the VAWA special rule, 240A(b)(2), which has different requirements), filed in immigration court during removal proceedings and decided by the immigration judge. Ordinary non-LPR cancellation requires 10 years of continuous physical presence, good moral character, no disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child. See our cancellation of removal guide.

EOIR Forms

Form EOIR-42A , Application for Cancellation of Removal, LPR

Application for cancellation of removal under INA 240A(a), available to lawful permanent residents who have held LPR status for at least 5 years, have continuously resided in the U.S. for 7 years after being admitted in any status, and have not been convicted of an aggravated felony.

EOIR Forms

Form N-648 , Medical Certification for Disability Exceptions

USCIS form completed by a medical or osteopathic doctor or licensed clinical psychologist to certify that a naturalization applicant has a physical or developmental disability or mental impairment preventing them from meeting the English or civics requirements of N-400 naturalization. Only licensed medical doctors, doctors of osteopathy, or licensed clinical psychologists may certify it (8 CFR 312.2(b)(2)). See our N-648 evaluation service and N-648 guide.

USCIS Form N-648

SIJS , Special Immigrant Juvenile Status

An immigration classification for certain unmarried young people (under 21 when the petition is filed). It requires qualifying state juvenile court determinations about custody or dependency, that reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar state-law basis, and that returning to the home country would not be in their best interest; in California these orders often come through dependency, probate guardianship, or family court. Age and other requirements should be reviewed with an immigration attorney. See our SIJS evaluation guide.

USCIS Form I-360

CHNV Parole , Cuban-Haitian-Nicaraguan-Venezuelan Parole

A categorical humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela with a U.S.-based supporter. Hundreds of thousands of people came under it before DHS terminated it in 2025; the termination has been the subject of federal litigation. See our CHNV parole guide.

Withholding-Only Proceedings , 8 CFR 208.31 / 1208.31

A truncated form of removal proceedings under 8 CFR 208.31 and 1208.31 in which the only relief available is withholding of removal under INA 241(b)(3) or Convention Against Torture protection, typically following reinstatement of a prior removal order or an administrative removal order. The respondent cannot apply for asylum, cancellation, or other relief. A psychological evaluation can document trauma relevant to that fear-based claim.

T-Visa Derivative , T-2 / T-3 / T-4 / T-5 / T-6

Derivative T nonimmigrant status for qualifying family members of a principal T-1 trafficking victim, T-2 spouse, T-3 child, T-4 parent and T-5 unmarried sibling under 18 when the principal is under 21, and T-6 adult or minor children of a derivative (INA 101(a)(15)(T)(ii)). Some age rules are tied to the date the principal applied, with protection for family members who age out while it is pending, and a separate route covers certain parents, siblings and children of derivatives facing a present danger of retaliation because of the principal's escape from trafficking or cooperation with law enforcement (8 CFR 214.211). Filed on Form I-914 Supplement A. The same clinical documentation that supports the T-1 application can be relevant where family members face retaliation.

U-Visa Bona Fide Determination (BFD)

A USCIS process for giving some U-visa petitioners interim benefits while they wait (USCIS Policy Manual, Vol. 3, Part C, Ch. 5). USCIS treats a Form I-918 U-visa petition as bona fide when it is complete and properly filed, including the Supplement B, and USCIS has received the results of the background and security checks based on biometrics; it then decides, in its discretion, whether to grant an employment authorization document and deferred action while the petition waits for a visa number. The grant is not guaranteed, renewals are reviewed again, and USCIS can revoke it. The bona fide review does not weigh the evidence of substantial abuse; that comes at the final decision.

VAWA Confidentiality , 8 U.S.C. § 1367

Federal statute (8 U.S.C. § 1367) prohibiting Department of Homeland Security (DHS), Department of Justice (DOJ), and State Department personnel from disclosing information about VAWA self-petitioners, U-visa, and T-visa applicants, or from making adverse determinations of admissibility or deportability using information provided solely by the abuser, trafficker, or perpetrator (USCIS now reads this as not covering certain denials, such as the denial of a VAWA I-360 petition). Violations can bring civil penalties. The protections have limits: the statute lists exceptions to the disclosure ban, the disclosure ban generally ends once the application is denied and appeals are exhausted, the source rule does not apply to someone convicted of a deportable crime under INA 237(a)(2), and both end when the person naturalizes (USCIS Policy Manual, Vol. 1, Part A, Ch. 7).

Form I-797 Receipt Notice , Notice of Action

USCIS Form I-797 series notices documenting agency actions on a filed petition or application. Most commonly the I-797C Notice of Action (receipt notice) confirming USCIS received a filing and assigning a receipt number, the I-797 Approval Notice, the I-797B (approval notice for an alien worker petition), and the I-797E (request for evidence). Frequently attached to immigration evaluation files because the receipt number ties the report to a specific pending case file at USCIS or the immigration court.

USCIS Forms

Reentry permit , Form I-131

A travel document issued by USCIS on Form I-131 that allows a lawful permanent resident or conditional permanent resident to apply for admission to the United States after a temporary absence abroad of up to two years. Filed before departure. It does not automatically preserve permanent resident status; USCIS still looks at all the facts on abandonment (USCIS Policy Manual, Vol. 12, Part D, Ch. 2). Can be paired with a psychological evaluation where prolonged absence is medically necessary for treatment unavailable in the U.S. or to care for a sick relative, and where USCIS may scrutinize whether residence has been abandoned. Distinct from advance parole and refugee travel documents, which are filed on the same form for different purposes.

USCIS Form I-131

Re-parole

The process by which an individual previously granted humanitarian or significant public benefit parole into the United States seeks an additional period of parole. Re-parole is discretionary and reviewed case-by-case under INA 212(d)(5)(A); ending a categorical program can also end parole already granted: for the CHNV parole program, DHS's 2025 termination of CHNV ended parole that had not yet expired, after the courts allowed it to proceed. A psychological evaluation can support a re-parole request by documenting ongoing humanitarian need that has not abated since the initial grant.

Matter of Cervantes-Gonzalez , BIA 1999 (Cervantes-Gonzalez factors)

A 1999 Board of Immigration Appeals decision (22 I&N Dec. 560) listing factors relevant to extreme hardship to a qualifying relative, which include but are not limited to: family ties to U.S. citizens or permanent residents in this country, the relative's family ties outside the U.S., conditions in the country where the relative would relocate and the relative's ties there, the financial impact of departure, and significant health conditions, particularly when suitable medical care is unavailable where the relative would relocate.

Read the decision

Matter of M-A-M- , BIA 2011 (competency standard)

A 2011 BIA decision (25 I&N Dec. 474) establishing the procedural standard immigration judges use to assess respondent competency. When indicia of incompetency are present, the judge must consider whether the respondent has a rational and factual understanding of the nature and object of the proceedings, can consult with the attorney or representative if there is one, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses, and provide procedural safeguards if competency is lacking. See our competency evaluation service.

Franco-Gonzalez v. Holder , C.D. Cal. (Franco class)

A class action in the U.S. District Court for the Central District of California. Court orders (an injunction in 2013 and an order on procedures in 2014) require a qualified representative for detained class members in California, Arizona, and Washington whose serious mental disorders make them unable to represent themselves in removal proceedings, and set procedures for competency review. Class members receive protections beyond those Matter of M-A-M- describes; whether a person is a class member is a legal question for counsel and the court.

Matter of Castillo-Perez , A.G. 2019 (driving under the influence (DUI) presumption)

A 2019 Attorney General decision (27 I&N Dec. 664) establishing a rebuttable presumption that a person with two or more DUI convictions during the good moral character period lacked good moral character, which, unless rebutted, defeats the kind of cancellation of removal that requires good moral character (cancellation for people who are not permanent residents, INA 240A(b)). The person has to show the convictions were an aberration; reform after the convictions, such as completing treatment, does not show that by itself. See our criminal convictions guide.

Patel v. Garland , 596 U.S. 328 (2022)

A 2022 Supreme Court decision holding that federal courts lack jurisdiction to review factual findings behind certain discretionary relief decisions listed in the statute (such as waivers, cancellation of removal and adjustment of status) made in removal proceedings. The Court left open whether USCIS decisions made outside removal proceedings can be reviewed. A denied I-601A can be filed again if the person still meets the requirements (8 CFR 212.7(e)(9)(i)), so ask an immigration attorney what options remain after a denial. There is no administrative appeal of an I-601A denial. See the hardship letter guide.

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Pereira v. Sessions , 138 S. Ct. 2105 (2018)

A 2018 Supreme Court decision holding that a Notice to Appear missing the time or place of the removal hearing does not trigger the stop-time rule under INA 240A(d)(1). Can matter for respondents whose physical-presence clocks were thought to have stopped years earlier. Foundational defective-NTA precedent. Extended in Niz-Chavez v. Garland (2021).

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Niz-Chavez v. Garland , 593 U.S. 155 (2021)

A 2021 Supreme Court decision holding that the stop-time rule requires a single document containing all required Notice to Appear (NTA) elements (charges, time, place). Later hearing notices that supply missing information do not cure the original defective NTA. Expanded Pereira and affected cancellation eligibility for respondents whose original NTAs failed to specify hearing time or location.

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Matter of A-B- , A.G. 2018, vacated 2021, reinstated 2025

A 2018 Attorney General decision (27 I&N Dec. 316) restricting asylum claims based on private criminal acts (gang violence, domestic violence): the applicant generally has to show the government condoned the private actions or was completely helpless to protect the victims. Vacated by AG Garland in Matter of A-B- III (28 I&N Dec. 307, 2021). Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. Sept. 2, 2025) overruled the 2021 vacatur and reinstated A-B- I and II, so the A-B- restrictions on private-actor (gang and domestic-violence) asylum claims apply again. Important context for VAWA-adjacent asylum claims based on intimate partner abuse.

Matter of A-R-C-G- , BIA 2014 (gender-based asylum)

A 2014 Board of Immigration Appeals decision (26 I&N Dec. 388) recognizing "married women in Guatemala who are unable to leave their relationship" as a cognizable particular social group for asylum based on domestic violence. Vacated by Matter of A-B- in 2018 and restored in 2021 when AG Garland vacated A-B-, then overruled AGAIN by Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. Sept. 2, 2025), which reinstated the A-B- restrictions on domestic-violence particular-social-group asylum claims. Important framework for VAWA-adjacent asylum claims and a touchstone case for documenting intimate partner violence as the basis for protected-ground analysis.

Matter of L-E-A- , BIA 2017 / A.G. 2019 / vacated 2021, restored 2025

A line of BIA and Attorney General decisions, Matter of L-E-A- I (27 I&N Dec. 40, BIA 2017), Matter of L-E-A- II (27 I&N Dec. 581, A.G. 2019), and the 2021 vacatur and remand by AG Garland, then the 2025 restoration of the L-E-A- II restriction by Matter of R-E-R-M- & J-D-R-M-, 29 I&N Dec. 202 (A.G. 2025), addressing whether a nuclear family qualifies as a particular social group for asylum. The framework has shifted repeatedly. Practitioners should consult current BIA and circuit guidance before filing family-based PSG claims.

INS v. Cardoza-Fonseca , 480 U.S. 421 (1987)

A 1987 Supreme Court decision holding that a well-founded fear of persecution does not require showing persecution is more likely than not. It distinguished asylum's lower burden from the higher clear-probability standard for withholding of removal.

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Well-founded fear of persecution

The asylum eligibility standard under INA 101(a)(42)(A), a fear of future persecution that is both subjectively genuine and objectively reasonable. The objective component does not require showing that persecution is more likely than not; a reasonable possibility, well short of more likely than not, can be enough (INS v. Cardoza-Fonseca, 480 U.S. 421). A psychological evaluation can document the fear the applicant reports and its clinical effects.

Extreme hardship

The hardship standard used in certain waivers, including the I-601A and some I-601 waivers. Whose hardship counts depends on the waiver: usually a qualifying relative (a U.S. citizen or LPR spouse or parent for the I-601A and unlawful presence; for some other grounds, such as certain criminal grounds, also a son or daughter), and for a VAWA self-petitioner in some waivers the self-petitioner's own hardship or hardship to a parent or child can count (INA 212(i)). The hardship must be greater than the common consequences of separation or relocation (USCIS Policy Manual, Vol. 9, Part B, Ch. 4). Assessed with the Cervantes-Gonzalez factors; USCIS considers hardship if the relative stays in the U.S. (separation) or moves abroad (relocation), and extreme hardship in either scenario can be enough. Documented in our hardship letter guide.

Exceptional and extremely unusual hardship

The hardship standard for non-LPR cancellation of removal under INA 240A(b)(1)(D), substantially different from or beyond the hardship typically experienced in deportation cases. A higher bar than I-601 extreme hardship. Defined in Matter of Monreal-Aguinaga (2001) and applied in later BIA decisions.

Aggravated felony , INA 101(a)(43)

A category of offenses defined at INA 101(a)(43) that triggers severe immigration consequences: deportability, ineligibility for most forms of relief (asylum, cancellation, voluntary departure), a permanent bar to readmission after removal (unless USCIS grants permission to reapply), and, for people who were not permanent residents or held only conditional permanent residence, administrative removal without an immigration judge (INA 238(b)). Includes murder, drug trafficking, certain crimes against minors, theft offenses with sentences of one year or more, and many others. The label is a federal immigration term and may not match how state law classifies the same offense; analysis usually follows the categorical approach, though some parts, such as the $10,000 loss amount for fraud offenses, look at the specific facts (Nijhawan v. Holder, 2009). Has serious implications for any criminal-history immigration case. See our criminal convictions guide.

Crime involving moral turpitude (CIMT)

A category of inadmissibility and deportability under INA 212(a)(2)(A) and 237(a)(2)(A) for offenses considered inherently base, vile, or depraved, typically those involving fraud, intent to harm, or recklessness with serious consequences. Whether a particular state offense is a CIMT is determined by the categorical approach (Mathis v. United States, Descamps v. United States), not the underlying facts. Common CIMTs: theft, fraud, assault with intent to harm, perjury. A single CIMT committed within five years of admission and punishable by a sentence of one year or longer can trigger deportability under INA 237(a)(2)(A)(i).

Particularly serious crime (PSC)

A statutory bar to asylum under INA 208(b)(2)(A)(ii) and to withholding of removal under INA 241(b)(3)(B)(ii) for noncitizens convicted of a particularly serious crime. All aggravated felonies are PSCs for asylum purposes; for withholding, an aggravated felony with an aggregate sentence of at least five years is automatically one (INA 241(b)(3)(B)), and otherwise the analysis weighs the nature of the conviction, the sentence imposed, and the surrounding circumstances. A PSC determination bars the protection it is made for; when both asylum and withholding are barred, Convention Against Torture deferral of removal can remain among the fear-based protections (8 CFR 1208.17(a)); whether other relief remains is a question for an attorney.

Stop-time rule , INA 240A(d)(1)

The rule that ends accumulation of continuous residence or physical presence for cancellation of removal at the earlier of two events (the Notice to Appear trigger does not apply to VAWA cancellation, INA 240A(d)(1)): service of a legally sufficient Notice to Appear, or commission of a covered offense that makes the noncitizen inadmissible or removable. Substantially reshaped by Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021).

Equitable tolling

A judicially recognized doctrine that pauses or extends a statutory deadline, such as motion-to-reopen deadlines (the asylum one-year deadline has its own statutory exceptions for changed or extraordinary circumstances, INA 208(a)(2)(D)), when the applicant pursued rights diligently but extraordinary circumstances prevented timely filing. Mental incapacity, fraud by counsel, and severe trauma have all been invoked as bases for equitable tolling in immigration practice, and a psychological evaluation can document the impairment that prevented earlier filing.

Burden of proof , Standard of proof

The obligation to produce evidence and persuade the fact-finder on a contested issue, together with the level of certainty required (the standard of proof). In affirmative applications (asylum, VAWA, U-visa, hardship waivers, naturalization), the noncitizen carries the burden. In removal proceedings, the Department of Homeland Security (DHS) must prove by clear and convincing evidence that a person who was admitted is deportable (INA 240(c)(3)(A)); a person charged as an applicant for admission must show they are clearly and beyond doubt entitled to be admitted, or, by clear and convincing evidence, that they are lawfully present under a prior admission (INA 240(c)(2)); anyone applying for relief must show they qualify (INA 240(c)(4)). The standards that come up most include clear and convincing evidence (DHS proving an admitted person deportable, or an asylum applicant proving the application was filed within one year of arrival), preponderance of the evidence (most affirmative immigration applications), and the well-founded fear standard for asylum, where a reasonable possibility, well short of more likely than not, can be enough (INS v. Cardoza-Fonseca).

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted. The Federal Rules of Evidence do not strictly apply in immigration proceedings; hearsay is generally admissible if it is probative and its admission is fundamentally fair (Matter of Grijalva, 19 I&N Dec. 713). Police reports, country conditions reports, declarations from absent witnesses, prior statements, and treating-clinician records all routinely come in as evidence, with weight assessed by the immigration judge. Forensic psychological evaluation reports are usually filed as written exhibits; this practice provides written reports only, without testimony.

Inadmissibility grounds , INA 212(a)

The categories defined at INA 212(a) that bar a noncitizen from being admitted to the United States or from adjusting to lawful permanent resident status. Categories include health-related grounds, criminal grounds (including crimes involving moral turpitude and controlled-substance offenses), unlawful presence, fraud or willful misrepresentation, security grounds, and public charge. Many grounds may be waived under Form I-601, Form I-601A, or INA 212(h). Distinct from deportability grounds.

Deportability grounds , INA 237(a)

The categories defined at INA 237(a) that render a noncitizen who has already been admitted to the United States subject to removal. Categories include inadmissibility at the time of admission, criminal convictions (aggravated felonies, crimes involving moral turpitude, controlled substance offenses, firearms offenses, domestic violence and stalking), failure to register, document fraud, and security grounds. Distinct from inadmissibility grounds, which apply at the point of entry or adjustment of status.

Notice to Appear (NTA) , Form I-862

The charging document that initiates removal proceedings under INA 239. Must contain specific elements (charges, time, place of hearing) to legally trigger the stop-time rule. An NTA missing the time or place does not trigger it under Pereira v. Sessions and Niz-Chavez v. Garland, which can matter for whether someone has the years of presence cancellation requires.

BIA , Board of Immigration Appeals

The highest administrative body interpreting and applying immigration laws. Reviews appeals from immigration judge decisions. Published BIA decisions ("Matter of" cases) bind immigration judges nationwide unless modified or overruled by the Board or the Attorney General, or displaced by controlling federal-court authority; where a federal court of appeals has ruled differently, its decision controls for cases within that circuit (Matter of Anselmo, 20 I&N Dec. 25 (BIA 1989)).

DOJ EOIR, BIA

EOIR , Executive Office for Immigration Review

The Department of Justice agency that administers immigration courts and the Board of Immigration Appeals. Publishes the EOIR Practice Manual, Operating Policies and Procedures Memoranda (OPPMs), and immigration court statistics.

DOJ EOIR

INA , Immigration and Nationality Act

The principal federal statute governing U.S. immigration law, codified at 8 U.S.C. § 1101 et seq. Many forms of immigration relief and benefits, such as asylum, cancellation, waivers and naturalization, arise under it. Frequently amended; current text available at law.cornell.edu/uscode/text/8.

Cornell Legal Information Institute, Title 8

CFR , Code of Federal Regulations

The codified general and permanent rules published by federal agencies. Title 8 CFR contains immigration regulations. Section references like 8 CFR 312.2(b)(2) (Form N-648 signing authority) or 8 CFR 214.14 (U-visa) define operational rules USCIS officers and immigration judges follow.

eCFR Title 8, Aliens and Nationality

Master calendar hearing (MCH)

The first set of hearings in immigration court at which the immigration judge takes pleadings, identifies any relief the respondent will seek, sets filing deadlines, and schedules the individual merits hearing. Master calendar hearings are usually brief and handle multiple cases in succession. Counsel may appear by telephone or video in many courts. Distinct from the individual merits hearing where evidence is taken and the case is decided.

Individual merits hearing

The trial-equivalent hearing in immigration court at which the respondent presents testimony, exhibits, expert witnesses, and country conditions evidence in support of an application for relief, and Department of Homeland Security (DHS) counsel cross-examines and offers contrary evidence. The immigration judge issues an oral or written decision at the conclusion or under advisement. Forensic psychological evaluations are usually filed as written exhibits; this practice provides written reports only, without testimony.

Continuance

A request to postpone a scheduled immigration court hearing, governed by Matter of L-A-B-R- (27 I&N Dec. 405) and 8 CFR 1003.29. An immigration judge may grant one for good cause shown. When the request is to wait for relief from another agency (a pending I-130 or U-visa petition, for example), the judge looks mainly at how likely that relief is to be granted and whether it would change the outcome of the court case, along with factors such as diligence and the case's history, and usually expects documents supporting the request.

ICE detainer , Form I-247A immigration hold

A request from Immigration and Customs Enforcement (ICE) to a state or local jail (Form I-247A) asking the facility to hold a noncitizen for a short period beyond the time they would otherwise be released, so ICE can take custody for removal proceedings. Detainers are voluntary requests, not court orders; California's TRUST Act and Values Act sharply limit local cooperation with detainers. If ICE takes custody, that is not automatic deportation, and what custody review is available depends on the detention authority and the stage of the case, which is a question for counsel (see bond hearing).

Bond hearing

A hearing before an immigration judge under 8 CFR 1003.19 at which a detained noncitizen requests release from ICE custody on monetary bond. The respondent must show they are not a danger to the community and not a flight risk. For the mandatory detention categories under INA 236(c) (certain criminal grounds, terrorism), an immigration judge generally cannot set bond, though a person can ask the judge to decide whether they really fall within one of those categories, and long detention can raise other questions for an attorney. Since 2025, who can get a bond hearing has been litigated: Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), held that immigration judges cannot hear bond requests from people present without admission, federal courts have split on that reading, and the Supreme Court has agreed to decide the question; ask an immigration attorney what applies now.

Custody redetermination

A request under 8 CFR 1003.19 for an immigration judge to review ICE's custody determination (a first request can be made orally or in writing), typically seeking release on bond or reduction of an existing bond amount. The judge conducts a de novo review and is not bound by ICE's initial decision. For a detained person the request goes first to the immigration court with jurisdiction over the place of detention; after the first redetermination, a new request must be in writing and show materially changed circumstances (8 CFR 1003.19(c), (e)). A custody redetermination can turn on evidence of community ties, treatment plans, or mitigation of any criminal history that drove the initial ICE bond setting.

Reinstatement of removal , INA 241(a)(5)

An expedited process under INA 241(a)(5) and 8 CFR 241.8 by which the Department of Homeland Security (DHS) reinstates a prior removal order against a noncitizen who reentered the United States illegally after removal. The noncitizen has no right to a hearing before an immigration judge on the underlying order. In the immigration court, the protection available is generally limited to withholding of removal or Convention Against Torture protection, reached through a reasonable fear interview with an asylum officer. Some benefits decided by USCIS can still be available; for example, a U-visa petition can be filed by someone with a final order (8 CFR 214.14(c)(1)(ii)). An immigration attorney can say what applies. A psychological evaluation can document trauma relevant to the reasonable fear interview.

Country conditions report

Documentary evidence describing the political, social, and human rights situation in the country of feared persecution, used as evidence on the risk the applicant faces: a well-founded fear of persecution for asylum, persecution that is more likely than not for withholding, and torture that is more likely than not for Convention Against Torture protection (8 CFR 208.16). Common sources: U.S. Department of State Human Rights Reports, United Nations High Commissioner for Refugees (UNHCR) reports, Human Rights Watch, Amnesty International, and academic country experts. Often paired with a forensic psychological evaluation that documents the fear the applicant reports and its clinical effects.

Forensic psychological evaluation

A psychological assessment conducted for legal rather than clinical purposes. The evaluator applies clinical methods, interview, history-taking, validated testing, mental status examination, to document clinical questions that matter in a legal case (trauma symptoms, the effects of hardship, ability to take part in court, and so on) and writes a report addressed to the immigration court or USCIS officer rather than for treatment planning. All immigration psychological evaluations are forensic by purpose.

Daubert Standard , Daubert v. Merrell Dow, 509 U.S. 579 (1993)

The federal standard for admissibility of expert testimony established in Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579, 1993) and codified at Federal Rule of Evidence 702. Trial courts act as gatekeepers, evaluating whether expert testimony rests on reliable methodology, testability, peer review, error rate, general acceptance. Immigration court does not strictly apply Daubert (Federal Rules of Evidence do not bind), but many forensic evaluators still choose methods that would meet Daubert's reliability factors.

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Frye Standard , Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)

The older expert testimony admissibility standard established in Frye v. United States (293 F. 1013, D.C. Cir. 1923) requiring that scientific evidence be based on principles generally accepted in the relevant scientific community. Replaced in federal courts by Daubert (1993) but still applied in some state courts including California. California applies a general-acceptance test to new scientific techniques under People v. Kelly (17 Cal. 3d 24, 1976).

Cross-Examination Preparation

The structured pre-hearing preparation a forensic evaluator undertakes before testifying, reviewing the report and underlying records, anticipating opposing counsel challenges to methodology and conclusions, rehearsing responses to common impeachment lines (selection bias, confirmation bias, malingering, secondary gain), and clarifying which opinions are inside the evaluator's expertise. This practice provides written reports only and does not testify.

HIPAA Authorization , 45 CFR 164.508

A signed written authorization meeting the requirements of 45 CFR 164.508 that allows a HIPAA covered entity to disclose protected health information (PHI), including the immigration psychological evaluation report, to specified third parties such as immigration counsel, USCIS, or the immigration court. Must specify the information disclosed, the recipient, the purpose, an expiration date or expiration event, plus required statements such as the right to revoke (45 CFR 164.508(c)(1)-(2)). Distinct from California's Confidentiality of Medical Information Act (CMIA) authorization, which is also typically required for California evaluees. See our privacy policy.

45 CFR 164.508 (Cornell LII)

Tarasoff Duty , California duty to protect

California's mandated duty to protect identifiable third parties from a patient's serious threat of violence, established in Tarasoff v. Regents of the University of California (17 Cal. 3d 425, 1976) and codified at California Civil Code § 43.92. Applies to psychotherapists as defined in California Evidence Code 1010; whether it reaches a forensic evaluation is a legal question. Triggered when a patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim. The clinician may discharge the duty by making reasonable efforts to communicate the threat to the victim and to a law enforcement agency, an exception to therapist-patient confidentiality.

Notice of Hearing

A document issued by the immigration court notifying the respondent and counsel of the date, time, and location of an upcoming master calendar or individual merits hearing. Where the original Notice to Appear failed to specify hearing time or place, a later Notice of Hearing does not cure the defective NTA for stop-time-rule purposes under Niz-Chavez v. Garland (2021). Practitioners track Notices of Hearing closely because failure to appear at a hearing for which proper notice was given can result in an in absentia removal order under INA 240(b)(5).

Pre-trial conference (in immigration court)

A hearing held before the individual merits hearing at which the immigration judge identifies contested issues, sets exhibit and witness deadlines, addresses outstanding motions, and narrows the scope of testimony. Not formally required by the regulations. Pre-trial conferences allow respondent's counsel to confirm that forensic psychological evaluations and other expert reports are filed as exhibits. Distinct from the master calendar hearing, which addresses pleadings rather than evidentiary matters.

Direct examination

The first questioning of a witness by the party who called them, governed in immigration court by 8 CFR 1240.1 and the EOIR Practice Manual rather than by the strict Federal Rules of Evidence. An expert called as a witness is questioned on credentials, methodology and findings (this practice provides written reports only and does not testify). Followed by cross-examination by Department of Homeland Security (DHS) counsel and any redirect by respondent's counsel.

Form EOIR-26 , Notice of Appeal from a Decision of an Immigration Judge

The form used to file an appeal to the Board of Immigration Appeals from a final decision of an immigration judge under 8 CFR 1003.38. Must be received by the BIA within a short deadline after the immigration judge's decision (EOIR Policy Manual, Appendix C); the deadline is a claim-processing rule rather than a jurisdictional one, so the Board can accept a late appeal under equitable tolling when the person shows diligence and an extraordinary circumstance that prevented timely filing (Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)); an immigration attorney can say whether that applies. The 2025 One Big Beautiful Bill Act (H.R.1) raised the filing fee; the amount is adjusted for inflation each year and fee-waiver availability is limited for OBBBA-imposed fees, so check the current amount and waiver rules on EOIR's official forms page (justice.gov/eoir/eoir-forms) before filing. A psychological evaluation filed with the immigration judge is part of the record the Board reviews on appeal.

EOIR Forms

Country of feared persecution

The specific country (or, for stateless applicants, country of last habitual residence) the noncitizen claims they would be persecuted in if returned. Identified explicitly in Form I-589 and corroborated by country conditions reports, expert declarations, and forensic psychological evaluations documenting the reported fear behind a well-founded fear. Distinct from country of origin or country of nationality where these differ, for example, the Board has held that a person who is a citizen of two countries must show persecution or fear in each country of nationality (Matter of B-R-, 26 I&N Dec. 119 (BIA 2013)), though at least one federal appeals court, the Second Circuit, has rejected that reading, and stateless applicants identify the country of last habitual residence.