Cancellation of Removal, EOIR-42B, is a form of relief for those who have been residing in the United States illegally, given they meet certain requirements set out by section 240A(b) of the Immigration and Nationality Act (INA). It is the applicant’s responsibility to prove to the United States that they meet all the statutory requirements for cancellation of removal and that they are entitled to such relief as a matter of discretion.
The three main requirements an applicant must comply with are (1) must have maintained continuous physical presence in the United States for ten (10) years or more; (2) must have been a person of good moral character during such a period; and (3) removal would result in extremely, unusual hardship to your United States citizen or lawful permanent resident spouse, child, or parent. To prove an applicant meets these requirements, an abundance of evidence is needed. Such evidence can be in the form of court records, lease documents, employment records, tax documents, birth records, hospital records (if applicable), among other documents.
At trial, it is at the discretion of the Immigration Judge as to whether to grant an applicant Cancellation of Removal, therefore, it is imperative the applicant present before the Judge, as much relevant and valuable evidence as possible. It is through this evidence that the applicant can fulfill his/her burden of proving he/she meets all the requirements of Cancellation of Removal and are entitled to such a relief. Failing to adequately prepare for trial, whether through documentary evidence, or oral testimony can be detrimental to one’s case.
There are cases where a person may have some history with the police or court in the past during his/her ten (10) years of residency in the United States. While it may be a problem to a person’s moral character, all hope is not lost as there are arguments that can be made to overcome such issues. Hiring an experienced lawyer who has made such arguments is highly recommended.
Obtaining a positive grant of Cancellation of Removal will allow the applicant to obtain a green card, starting the clock to becoming a United States Citizen. This form of relief will shield the applicant from deportation orders while the case is pending. To learn more about EOIR-42B, Cancellation of Removal for Non-Lawful Permanent Residents, and/or to discuss your case, give our law office a call at 972-905-0948 to schedule a consultation appointment with the Attorney.
