Cancellation of Removal Attorney

Cancellation of Removal (42b) is a relief available to certain non-permanent residents who are in removal proceedings in the United States. It allows eligible individuals to request cancellation of their removal and obtain lawful permanent resident (LPR) status. Here are the key points on how cancellation of removal (42b) works:

Eligibility Criteria:

1. Continuous Physical Presence: You must have physically resided in the U.S. for a continuous period of at least 10 years before the initiation of removal proceedings.
2. Good Moral Character: You should demonstrate good moral character throughout the required period, which includes avoiding certain criminal activities, fraud, or other negative factors.
3. Qualifying Relatives: If you have qualifying U.S. citizen or LPR family members (spouse, parent, or child) who would suffer extreme and exceptional hardship if you were to be removed, their support is crucial for your application.

Application Process:

1. Initiate Proceedings: Cancellation of removal (42b) is typically requested during immigration court proceedings before an immigration judge. The judge will examine your eligibility and decide on your case.
2. File Form EOIR-42B: Prepare and submit Form EOIR-42B, also known as Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, to the Immigration Court. Include all supporting evidence to prove your eligibility, such as documents demonstrating continuous physical presence, evidence of good moral character, and hardship to qualifying relatives.
3. Attend Immigration Court Hearings: Attend all scheduled hearings with the immigration judge. During the hearing, you and your attorney will present your case, including any evidence and testimonies, and argue why you should be granted cancellation of removal.
4. Judge’s Decision: The immigration judge will review your case, including the evidence, arguments, and eligibility factors. If the judge grants cancellation of removal, you will receive lawful permanent resident status. If denied, you may have the option to appeal the decision to the Board of Immigration Appeals (BIA), and in some cases, to the federal courts.

It’s important to note that cancellation of removal cases can be complex, and having legal representation by an experienced immigration attorney is highly recommended. They can guide you through the process, ensure all required documentation is submitted, and present a strong case on your behalf.