Immigration Evaluation Glossary
Plain-English definitions of 115 terms you will encounter in immigration psychological evaluations, the clinical instruments used in testing, the diagnostic categories applied (DSM-5-TR), the forensic standards governing expert testimony (Daubert, Frye, Tarasoff), the legal standards that define each form of relief, the USCIS forms and EOIR forms involved, the detention and removal procedures (ICE detainers, bond hearings, master calendar), and the BIA and Supreme Court precedent that shapes how cases are decided.
Each entry includes an authoritative source link where one exists. Terms link to fuller guides on this site where applicable.
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Clinical instruments and testing batteries
The standardized self-report and clinician-administered measures used in immigration psychological evaluations. Each instrument has its own validation history, scoring rubric, and use case.
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. A score of 33 or higher supports a probable PTSD diagnosis. Standard component of every immigration trauma evaluation in asylum, VAWA, U-visa, T-visa, and hardship waiver cases.
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. Used in nearly every immigration evaluation 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. Items map onto DSM-5-TR major depressive episode criteria. Score interpretation: 0-13 minimal, 14-19 mild, 20-28 moderate, 29-63 severe. Proprietary instrument requiring purchased materials; we use it where its narrower scoring bands clinically distinguish a case better than the PHQ-9 alone.
MoCA — Montreal Cognitive Assessment
A 30-point cognitive screening tool used in N-648 disability waiver evaluations to document cognitive impairment that prevents English or civics learning. Cutoff: a score below 26 indicates mild cognitive impairment. Sensitive to mild dementia, intellectual disability, and severe depression with cognitive sequelae.
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 to document psychological coercion and complex trauma. A score above 30 suggests significant dissociative pathology.
SIMS — Structured Inventory of Malingered Symptomatology
A 75-item screening for symptom over-reporting and feigning. Included selectively in immigration evaluations as a credibility-supportive measure when malingering is a foreseeable concern. Strengthens reports against credibility challenges from DHS counsel in asylum and other contested cases.
TSI-2 — Trauma Symptom Inventory, Second Edition
A 136-item self-report measure of acute and chronic trauma sequelae across 12 clinical scales (anxious arousal, dissociation, sexual concerns, etc.) plus three 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
A 10-subtest individually administered measure of cognitive ability in adults aged 16 to 90, generating Verbal Comprehension, Perceptual Reasoning, Working Memory, Processing Speed, and Full-Scale Intelligence Quotient (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 MMPI-2 and MMPI-2-RF. Useful in contested asylum, hardship, and competency cases where credibility is at issue, because the validity scales help defend the report against Department of Homeland Security (DHS) counsel attacks. Proprietary instrument from Pearson.
TOMM — Test of Memory Malingering
A 50-item visual recognition memory test with two learning trials and a delayed retention trial, designed to detect 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 to support the credibility of reported cognitive deficits when DHS counsel may challenge them. 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. Documented in every immigration psychological evaluation alongside diagnostic interview and standardized testing. The MSE is the clinical-observation backbone the evaluator relies on to corroborate or qualify self-report findings, and it is what an immigration judge or USCIS officer reads first when scanning the report.
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 credibility-relevant detail (consistency across narratives, sensory and peripheral memory features). Documented verbatim or in detailed quotation in the report so the immigration judge or United States Citizenship and Immigration Services (USCIS) officer can assess the basis for diagnostic 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. Cited explicitly in the immigration evaluation report so the fact-finder can see the evaluator did not rely on the client's self-report alone. Required by the American Psychological Association (APA) Specialty Guidelines for Forensic Psychology.
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 indicate 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. Scores: less than 17 mild, 18-24 moderate, 25-30 severe. Distinct from self-report measures because the clinician scores observed behavior and reported symptoms together, providing a third-party validation source frequently cited in contested asylum, hardship waiver, and bond hearing reports where credibility is at issue.
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 navigate 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), capacity to provide consistent narrative testimony, or capacity to consent to clinical evaluation. Combines clinical interview, mental status examination, standardized testing, and observation of task performance into a defensible opinion the immigration judge or USCIS officer can rely on.
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 — provides the concrete evidentiary detail immigration adjudicators rely on when applying hardship and capacity standards 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 targeted credibility-relevant questions (consistency probes, peripheral memory features, sensory detail). Documented verbatim or in detailed quotation in the report so the immigration judge or USCIS officer can assess the basis for diagnostic 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 comprehensive forensic documentation.
Diagnostic frameworks and conditions
The classification systems and clinical conditions that appear repeatedly in immigration evaluations.
DSM-5-TR — Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision
The American Psychiatric Association's diagnostic system used by U.S. clinicians and immigration courts. Released March 2022. All immigration evaluation diagnoses use DSM-5-TR criteria. Replaces DSM-5 (2013), the text revision updates cultural formulation, prevalence data, and ICD-10-CM coding.
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.
Major Depressive Disorder (MDD)
A DSM-5-TR mood disorder requiring five or more of nine symptoms (depressed mood, anhedonia, sleep disturbance, fatigue, etc.) for at least two weeks. Common in qualifying relatives for hardship waivers and in cancellation of removal cases. Documented via PHQ-9, BDI-II, and structured clinical interview.
Complex PTSD (C-PTSD)
An ICD-11 diagnostic category recognizing prolonged, repeated trauma, intimate partner violence, trafficking, prolonged captivity, that produces all PTSD symptoms plus disturbances in self-organization. Frequently invoked 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 (309.3) 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. If symptoms persist past one month, the diagnosis converts to PTSD. Frequently documented 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 (309.x) for clinically significant emotional or behavioral symptoms developing within 3 months of an identifiable stressor and resolving within 6 months once the stressor ends. 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 — Dysthymia
A DSM-5-TR mood disorder (300.4) 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). Formerly called dysthymia. Commonly documented in qualifying relatives for hardship waivers and in long-traumatized asylum applicants. Distinct from major depressive disorder by chronicity rather than severity.
Generalized Anxiety Disorder (GAD)
A DSM-5-TR anxiety disorder (300.02) requiring excessive worry occurring more days than not for at least six months, accompanied by three or more symptoms (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 (300.01) defined by recurrent unexpected panic attacks plus persistent concern about additional attacks or maladaptive behavioral change for at least one month. Common in trauma-exposed clients and frequently 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 (313.89) 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 (313.89) 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. DSM-5-TR requires functional impairment for nearly every diagnosis, and immigration courts give substantial weight to evaluator descriptions of how a diagnosis disrupts daily life, work capacity, parenting, sleep, relationships, capacity to navigate 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 — V65.2 (DSM-5-TR)
The intentional fabrication or exaggeration of physical or psychological symptoms motivated by external incentive, classified in DSM-5-TR as a V-code (V65.2), not a mental disorder. Forensic immigration evaluators address malingering proactively through validity-scale testing (MMPI-3, SIMS, TOMM), behavioral observation, and consistency analysis across interview, testing, and collateral records to defend findings against DHS counsel challenges in asylum and other contested cases.
EMDR — Eye Movement Desensitization and Reprocessing
An evidence-based trauma psychotherapy developed by Francine Shapiro, recommended by the World Health Organization (WHO) and the American Psychological Association (APA) as a first-line PTSD treatment alongside Prolonged Exposure (PE) and Cognitive Processing Therapy (CPT). 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 12-session 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. Recommended as a first-line PTSD treatment by the U.S. Department of Veterans Affairs, the World Health Organization, and the American Psychological Association alongside 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.
Forms of immigration relief
The major statutory categories that allow noncitizens to remain in the United States or adjust status. Each has distinct eligibility requirements, evidentiary burdens, and adjudicatory pathways.
VAWA — Violence Against Women Act
Federal law that allows abused spouses, children, and parents of U.S. citizens or LPRs to self-petition for permanent residence under INA 204(a)(1)(A)(iii) without the abuser's knowledge. Confidential by statute (8 U.S.C. § 1367). Despite the name, VAWA protections apply to victims of any gender. See our VAWA evaluation service and VAWA evidence guide.
U-Visa — U Nonimmigrant Status
A nonimmigrant visa for victims of qualifying criminal activity who suffered substantial physical or mental abuse and have cooperated with law enforcement. Capped at 10,000 principal grants per year, with a 416,000-petition backlog as of 2026. Path to a green card after three years of U status. See our U-visa evaluation service and U-visa evaluation guide.
T-Visa — T Nonimmigrant Status
A nonimmigrant visa for victims of severe forms of human trafficking who comply with reasonable law enforcement requests (with broad exceptions). Documents psychological coercion under 22 U.S.C. § 7102. Capped at 5,000 principal grants per year. Path to a green card after three years. See our T-visa evaluation service.
Withholding of removal — INA 241(b)(3)
A mandatory form of relief under INA 241(b)(3) prohibiting 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). 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. No protected-ground requirement (unlike asylum) and no statutory bars from criminal history. Two forms: withholding of removal under CAT and deferral of removal under CAT.
TPS — Temporary Protected Status
A temporary immigration status under INA 244 for nationals of countries the Secretary of Homeland Security has designated due to ongoing armed conflict, environmental disaster, or other extraordinary conditions. TPS recipients receive employment authorization and protection from removal but no path to permanent residence. Designations are reviewed every 6 to 18 months and can be terminated.
DACA — Deferred Action for Childhood Arrivals
A 2012 Department of Homeland Security policy granting renewable two-year 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. Subject to ongoing federal litigation; new initial applications have been blocked by the Fifth Circuit since 2021, and renewals continue to be processed. A psychological evaluation may document hardship to U.S.-citizen children if a DACA recipient becomes deportable.
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 (up to 60 days requested before conclusion of proceedings, up to 120 days at the close of proceedings) instead of being formally removed. Avoids the 10-year bar to readmission that follows a removal order, but failure to depart triggers a civil penalty and a 10-year bar on most relief. Requires good moral character for the longer post-conclusion grant.
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 and adjudicated by USCIS. Distinct from consular processing, which requires departure for an interview at a U.S. embassy or consulate abroad. Most VAWA, U-visa, T-visa, and SIJS beneficiaries eventually adjust status to obtain a green card.
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. Eligible to apply for naturalization after 5 years (3 years if married to a U.S. citizen). Frequently the qualifying relative for I-601, I-601A, and cancellation of removal hardship analyses.
Form I-130 — Petition for Alien Relative
USCIS form filed by a U.S. citizen 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.
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. Most VAWA, U-visa, T-visa, and SIJS beneficiaries eventually file Form I-485 to convert nonimmigrant or special-immigrant status into permanent residence.
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. Requires a U.S. citizen or LPR qualifying relative.
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.
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 law-enforcement certification signed by the agency that investigated the qualifying crime, without it, the principal petition cannot proceed. Filing fee is currently $0. See our U-visa evaluation guide.
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. Filing fee is currently $0 for VAWA self-petitions. See our VAWA evidence guide.
Form I-589 — Application for Asylum and for Withholding of Removal
USCIS form used to apply affirmatively for asylum, withholding of removal under INA 241(b)(3), and protection under the Convention Against Torture. Filed within one year of last U.S. arrival absent changed or extraordinary circumstances. The same form is used in immigration court as defensive relief. Filing fee is currently $0. See our asylum evaluation service.
Form EOIR-42B — Application for Cancellation of Removal, Non-LPR
Application for cancellation of removal under INA 240A(b), filed with the immigration court (not USCIS) during removal proceedings. 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.
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 lawful admission, and have not been convicted of an aggravated felony.
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 MDs, DOs, or PsyDs/PhDs may sign per 8 CFR 312.2(b)(2). See our N-648 evaluation service and N-648 guide.
SIJS — Special Immigrant Juvenile Status
Immigration relief for noncitizen children under 21 who have been abused, neglected, or abandoned by one or both parents. Requires a state-court predicate order, in California, often issued through dependency, probate guardianship, or family court, before USCIS adjudication. See our SIJS evaluation guide.
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. About 532,000 parolees were admitted before the program was terminated by DHS on March 25, 2025 (90 FR 13611). Now subject to extensive 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 documenting trauma is often pivotal because the only path to remaining in the U.S. runs through a 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 (if principal is under 21 or to prevent retaliation), T-5 unmarried sibling under 18 (under similar conditions), T-6 adult or minor child of a derivative beneficiary added by the 2022 T Visa final rule. Filed on Form I-914 Supplement A. The same psychological coercion analysis that supports the T-1 application often supports derivative claims involving family-based retaliation risk.
U-Visa Bona Fide Determination (BFD)
A USCIS process implemented June 14, 2021 (PM-602-0179) by which the agency conducts a preliminary review of a Form I-918 U-visa petition and, if the principal petitioner appears eligible and merits a favorable exercise of discretion, places them on the BFD work-authorization track, granting a 4-year deferred action and employment authorization document while the principal petition awaits annual cap availability. A psychological evaluation strengthens the bona fide showing of substantial mental abuse.
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 using information provided solely by the abuser, trafficker, or perpetrator. Civil penalties up to $5,000 per violation. Underpins the entire VAWA framework, abused spouses can self-petition without the abuser's knowledge or cooperation.
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 (with employment authorization stub), 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.
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, without abandoning permanent resident status. Filed before departure. Often paired with psychological evaluations in cases 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.
Re-parole
The process by which an individual previously granted humanitarian or significant public benefit parole into the United States seeks a renewed grant of parole when the initial parole period expires. Re-parole is discretionary and reviewed case-by-case under INA 212(d)(5)(A); termination of categorical programs (such as the CHNV parole program) does not automatically terminate already-granted parole, but may foreclose new re-parole grants. Psychological evaluations frequently support re-parole requests by documenting ongoing humanitarian need that has not abated since the initial grant.
Legal standards and BIA precedent
The judicially developed legal standards that govern eligibility for each form of relief, and the Board of Immigration Appeals decisions that operationalize them.
Matter of Cervantes-Gonzalez — BIA 1999 (Cervantes-Gonzalez factors)
A 1999 Board of Immigration Appeals decision (22 I&N Dec. 560) establishing the five factors USCIS uses to evaluate extreme hardship in I-601/I-601A waivers: family ties in the U.S., country conditions, financial impact, health and medical access, and disruption to education and community. The five-factor analysis remains the backbone of every modern hardship waiver case.
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 respondent can perceive proceedings, understand them, exercise rational judgment, and respond to evidence, and provide procedural safeguards if competency is lacking. See our competency evaluation service.
Franco-Gonzalez v. Holder — E.D. Cal. 2014 (Franco class)
A 2014 settlement (Franco-Gonzalez v. Holder, E.D. Cal.) requiring DHS to provide qualified representation for detained respondents in California, Arizona, and Washington with serious mental disorders preventing them from meaningfully representing themselves in removal proceedings. Class membership triggers appointed counsel and other safeguards beyond what M-A-M- alone provides.
Matter of Castillo-Perez — A.G. 2019 (DUI presumption)
A 2019 Attorney General decision (27 I&N Dec. 664) establishing a rebuttable presumption that two or more DUI convictions during the relevant good moral character period defeat eligibility for cancellation of removal. The standard is rehabilitation as "aberration," not mere completion of treatment. 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 underlying discretionary relief decisions, including I-601 and I-601A waiver denials. Codified the rule that USCIS waiver denials are essentially unreviewable on the facts, making the initial filing the only meaningful chance to make the case. There is no administrative appeal for I-601A. The decision sharpens the importance of building a strong evidentiary record on the first submission.
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). Reopened cancellation eligibility for many respondents whose physical-presence clocks were thought to have stopped years earlier. Foundational defective-NTA precedent. Extended in Niz-Chavez v. Garland (2021).
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). Subsequent hearing notices that supply missing information do not cure the original defective NTA. Substantially expanded Pereira and continues to restore cancellation eligibility in 2026 for respondents whose original NTAs failed to specify hearing time or location.
Matter of A-B- — A.G. 2018, vacated 2021
A 2018 Attorney General decision (27 I&N Dec. 316) restricting asylum claims based on private criminal acts (gang violence, domestic violence) absent government acquiescence. Vacated by AG Garland in Matter of A-B- III (28 I&N Dec. 307, 2021). Courts continue to apply the Acosta/Mogharrabi framework for particular social group analysis without the A-B- restrictions. 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 effectively restored when A-B- was vacated by AG Garland in 2021. 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
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, 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 establishing that the well-founded fear of persecution standard for asylum is met by a reasonable possibility of persecution, quantified in dicta as as little as a 10% probability. Distinguished asylum's lower burden from the higher clear-probability standard for withholding of removal. Foundational asylum precedent every asylum officer and immigration judge applies.
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 can be satisfied by showing as little as a 10% probability of persecution upon return (INS v. Cardoza-Fonseca, 480 U.S. 421). A psychological evaluation documents the subjective component.
Extreme hardship
The hardship standard for I-601 and I-601A waivers, hardship to a qualifying U.S. citizen or LPR spouse or parent that is substantially beyond what every separated family experiences. Evaluated under the five Cervantes-Gonzalez factors with both separation and relocation scenarios. 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 tightened in subsequent BIA decisions through 2026.
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), permanent inadmissibility after removal, and expedited removal. Includes murder, drug trafficking, sexual abuse of a minor, 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 follows the categorical approach. 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 within five years of admission 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, the analysis weighs the nature of the conviction, the sentence imposed, and the surrounding circumstances. A PSC determination forecloses both asylum and withholding, leaving Convention Against Torture protection as the only remaining relief.
Stop-time rule — INA 240A(d)(1)
The rule that ends accumulation of physical presence (for cancellation purposes) at the earlier of two events: 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 the asylum one-year filing deadline at INA 208(a)(2)(B), or motion-to-reopen deadlines, 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) initially bears the burden to establish removability, after which the burden shifts to the respondent to show eligibility for any requested relief. The applicable standard ranges from beyond a reasonable doubt (criminal trials, rarely relevant here), to clear and convincing evidence (some inadmissibility waivers), to preponderance of the evidence (most affirmative immigration applications), to the well-founded fear standard for asylum, as little as a 10% probability of persecution suffices under 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 Velasquez, 19 I&N Dec. 377). 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 evaluations, by contrast, typically come in through the evaluator's testimony or a sworn declaration.
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 aggravated felonies), 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. Defective NTAs missing time or place are insufficient under Pereira v. Sessions and Niz-Chavez v. Garland, a doctrine that has restored cancellation eligibility for many respondents whose presence clocks were previously thought to be stopped.
Federal agencies, courts, and the legal framework
The institutional structure that adjudicates immigration cases, the procedures used in immigration court, the detention and removal mechanics every practitioner navigates, and the primary legal sources every practitioner cites.
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) are binding precedent on all immigration judges nationwide unless overruled by an Attorney General decision or federal appellate court.
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.
INA — Immigration and Nationality Act
The principal federal statute governing U.S. immigration law, codified at 8 U.S.C. § 1101 et seq. All forms of immigration relief, asylum, cancellation, waivers, naturalization, derive from specific INA sections. Frequently amended; current text available at law.cornell.edu/uscode/text/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.
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 typically short (5 to 15 minutes) 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. Typically 2 to 4 hours but can run longer in complex asylum cases. The immigration judge issues an oral or written decision at the conclusion or under advisement. Forensic psychological evaluations are usually pre-marked as exhibits and may be supported by live or telephonic expert 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. Granted on a showing of good cause, weighing the likelihood of the underlying relief, the basis for the continuance, the moving party's diligence, the number of prior continuances, and administrative efficiency. Routine continuances for collateral matters (pending I-130, U-visa) face heightened scrutiny since 2018, and courts may require an affidavit detailing the underlying basis.
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 up to 48 hours 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. A detainer triggers ICE custody, not automatic deportation, the noncitizen still has rights to a hearing and to seek release on bond if not subject to mandatory detention.
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. Mandatory detention categories under INA 236(c) (certain criminal grounds, terrorism) foreclose bond entirely. A psychological evaluation can document mitigation factors relevant to dangerousness (mental health stability, treatment engagement) and flight risk (community ties, family responsibilities), and is often pivotal in close cases.
Custody redetermination
A motion filed under 8 CFR 1003.19 asking an immigration judge to review and modify ICE's initial custody determination, 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. Filed on Form EOIR-1 or by motion in the immigration court where proceedings are venued. Successful custody redetermination motions often hinge on new 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. The only relief available is withholding of removal or Convention Against Torture protection, accessed through a reasonable fear interview with an asylum officer. A psychological evaluation documenting trauma is often central to the reasonable fear determination.
Country conditions report
Documentary evidence describing the political, social, and human rights situation in the country of feared persecution, used to corroborate the objective component of a well-founded fear of persecution in asylum, withholding, and Convention Against Torture cases. 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 subjective component of fear.
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 address legal questions (asylum credibility, hardship severity, competency to proceed, etc.) 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 Daubert-aligned reports survive cross-examination and federal court review more reliably.
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 psychologists testifying in California state court (rare in immigration practice) operate under Frye, also called the Kelly-Frye standard after 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. Most immigration evaluations rely on the written report alone, but contested asylum and bond hearings often involve live or telephonic expert testimony.
HIPAA Authorization — 45 CFR 164.508
A signed written authorization meeting the requirements of 45 CFR 164.508 that allows a covered entity (the evaluator) 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, and the right to revoke. Distinct from California's Confidentiality of Medical Information Act (CMIA) authorization, which is also typically required for California evaluees. See our privacy policy.
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 licensed in California, including forensic immigration evaluators. Triggered by a serious threat of physical violence against a reasonably identifiable victim. The clinician may discharge the duty by warning the victim and notifying law enforcement, an exception to therapist-patient confidentiality.
Notice of Hearing
A document issued by the immigration court (Form I-863 or successor formats) 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 subsequent 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 results 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, but increasingly used as caseloads grow. Pre-trial conferences allow respondent's counsel to confirm that forensic psychological evaluations and other expert reports are pre-marked as exhibits and that any expert testimony, live or telephonic, is properly scheduled. 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. Forensic immigration evaluators called as expert witnesses give direct examination testimony that walks through credentials, methodology, findings, and the diagnostic and forensic opinions in their report. Followed by cross-examination by Department of Homeland Security (DHS) counsel and any redirect by respondent's counsel. Most immigration evaluations are admitted without live testimony; live direct examination is more common in contested asylum, bond, and competency hearings.
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 30 calendar days of the immigration judge's oral or written decision; the deadline is jurisdictional and not extendable except in narrow circumstances. Filing fee currently $110, with fee waivers available on Form EOIR-26A. Forensic psychological evaluations completed below frequently become exhibits in BIA appellate review of factual findings.
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 subjective component of well-founded fear. Distinct from country of origin or country of nationality where these differ — for example, dual nationals must show fear in every country to which they could be removed, and stateless applicants identify the country of last habitual residence.
This glossary is for educational purposes only and does not constitute legal or clinical advice. Legal standards change as Congress amends the INA and as the BIA and federal courts issue new decisions. Verify any term you intend to rely on for a specific case with current authority. For psychological evaluations, contact a licensed clinical psychologist directly.