Facing removal (deportation) leads to consequences that impact you and your entire family. Knowing what options are available to you is the first step to protecting your legal status in the United States and avoiding a removal.
Cancellation of removal can be used if an individual is eligible. This form of relief saves you the time and cost of having to leave the country while protecting your future.
The following will help you understand what a cancellation of removal is as well as the requirements for eligibility.
Understanding Cancellation of Removal
Cancellation of removal effectively terminates any removal proceedings and allows you to remain in the country.
Cancellation of removal may result in a green card for those who successfully present their EOIR42B Application. While this is pending, the applicant is eligible for work authorization and drivers license.
Individuals who are facing removal may apply for a cancellation if they have a case already open in an immigration court.
Until there is an established date at which you are to appear before an immigration judge, you won’t be able to apply.
Also, if a removal order has already been issued and your case has been closed, you won’t be able to secure a cancellation of removal.
In some cases, immigrants may be able to plead their case and convince the courts to have their case reopened. This can allow them to apply for a cancellation.
More importantly, the courts may use their discretion when approving a removal cancellation. This occurs even if you’ve met all of the requirements for eligibility.
Eligibility Requirements for Cancellation of Removal
In order to obtain a cancellation of removal, permanent resident aliens must have been legally admitted as a permanent resident for a minimum of 5 years.
More importantly, they must have lived in the U.S. on a continuous basis for a period of 7 years since being admitted into the country. Also, convictions related to aggravated felonies make individuals ineligible for cancellation of removal.
Immigrant residents who have served in the military for a minimum of 2 years don’t have to meet the other eligibility requirements. Those who are no longer in the military must demonstrate that they were honorably discharged.
Nonpermanent residents must have been continuously present in the U.S. for a minimum of 10 years in order to qualify for cancellation of removal.
In addition to being a person of “good moral character”, they must be free of certain criminal convictions while demonstrating that their removal would result in exceptional or unusual hardships to family members who are U.S. citizens or legal permanent residents.
Crimes that are considered “petty offenses” by the courts don’t disqualify a person from applying for cancellation of removal.
Exceptional and unusual hardships caused to a family member are defined based on a number of factors. These include the person’s length of residence, age, and health.
If the family member’s opportunities for education or quality of living will be negatively impacted by someone’s removal, then they may meet the standards for hardship.
Applying for Cancellation of Removal
Immigrants who meet the eligibility requirements must complete Form EOIR-42A or EOIR 42B and submit all supporting evidence to meet high burden of proof.
Applicants must pay all the fees required when filing your application and follow the instructions for submitting biographic and biometric information as outlined by the Department of Homeland Security (DHS).
Copies of applications must also be provided to the DHS’s Assistant Chief Counsel as well as U.S. Immigration and Customs Enforcement (ICE).
Applicants must make sure that their applications are submitted to the right immigration court to avoid any unwanted issues or delays.
The process of obtaining a cancellation of removal may be complex and difficult to navigate. Having an experienced attorney gives you the resources you need to file a successful cancellation application.
Cancellation of removal protects permanent and nonpermanent aliens residents from deportation. If you meet all of the requirements for eligibility, consult with an immigration attorney so that you secure your resident status and protect your family’s future.