Cancellation of Removal
For those facing removal proceedings from the United States, the Cancellation of Removal provides a crucial lifeline. Most commonly, this relief is sought by undocumented immigrants at high risk of deportation. The Cancellation of Removal is derived from the previous form of relief known as “suspension of deportation,” which was active until 1997.
Cancellation of Removal can only be requested during an ongoing deportation case before the Immigration Court or an Immigration Judge. Both lawful permanent residents and non-residents are eligible to request this relief.
Individuals who have completed the process to obtain American citizenship are exempt from deportation.
Forms EOIR-42B, EOIR-42A, and Cancellation of Removal:
Both lawful permanent residents and non-residents can apply for cancellation of removal using the following forms:
- You possess good moral character.
- You have been present in the United States continuously for a decade or more before the initiation of deportation proceedings.
- Your deportation would cause exceptional hardship to your U.S. citizen or lawful permanent resident parent, spouse, or child.
- You have not been convicted of any crime under the Immigration and Nationality Act (INA).
- You have been continuously present in the United States for 3 years or more before the start of deportation proceedings.
- You possess good moral character.
- You or your child have been victims of severe cruelty or abuse in the U.S. by a U.S. citizen spouse and/or permanent resident parent.
- You are not inadmissible to the U.S. according to the INA and have not been convicted of any crime.
- Your child is a U.S. citizen or permanent resident of the U.S.
- Your child would face extreme hardship if deported, as would you or your parents.
- You have been convicted of a felony.
- You entered the U.S. after June 30, 1964.
- You have committed criminal offenses.
- Cancellation of Removal was previously granted.
- You are an exchange visitor (J visa) who received medical training in the U.S.
- You have incited, aided, or participated in the persecution of an individual based on their race, religion, or nationality.
- You have been involved in human trafficking or smuggling
Frequently asked questions
When clients need to defend against an increase in child support, there are multiple avenues we use to effectively reach the accurate determination of appropriate child support. We work with our clients to better determine if the other parent is potentially receiving non-monetary income, and look for new opportunities to protect our clients and their families.
Capitalize on low hanging fruit to identify a ballpark value added activity to beta test. Override the digital divide with additional clickthroughs from DevOps. Nanotechnology immersion along the information highway will close the loop on focusing solely on the bottom line.
Podcasting operational change management inside of workflows to establish a framework. Taking seamless key performance indicators offline to maximise the long tail. Keeping your eye on the ball while performing a deep dive on the start-up mentality to derive convergence on cross-platform integration.
Capitalize on low hanging fruit to identify a ballpark value added activity to beta test. Override the digital divide with additional clickthroughs from DevOps. Nanotechnology immersion along the information highway will close the loop on focusing solely on the bottom line. Podcasting operational change management inside of workflows to establish a framework. Taking seamless key performance indicators offline to maximise the long tail.
How can Babila Law assist?
We are dedicated to providing you with the highest quality legal representation in deportation defense, asylum applications, and cancellation of removal processes. To discuss your situation with an experienced immigration attorney, please [click here]. Babila Law is here to support and guide you through your immigration journey every step of the way.
