If you are facing the threat of removal from the United States, you may have heard about Cancellation of Removal. This is a process that allows immigrants to obtain a Work Permit. But, is this procedure really feasible, and what are the requirements to be fulfilled?
In the United States, the Cancellation of Removal and the Work Permit are two options that can make all the difference in an immigrant’s life.This is one of the reasons why Jaskot Law is committed to providing clear and accurate information about this complex legal process so that you can make informed decisions and protect your rights in the United States.
What is cancellation of removal and work permit?
Cancellation of removal and work authorization is a legal process that allows certain immigrants who are in the United States to obtain cancellation of removal and obtain a work permit. However, not all immigrants are eligible for this process; it is important that they meet certain requirements.
Who can request a cancellation of removal and a work permit?
In the United States, some of the people that may apply for cancellation of removal are lawful permanent residents and non-permanent residents, who have been in the country for at least 10 years. Also, those who demonstrate that their deportation would cause extreme hardship to a citizen or permanent resident family member could also be eligible.
What is cancellation of removal?
Cancellation of removal is a process by which an individual facing deportation in the United States can apply for relief and remain in the country legally. This process allows the individual to regularize his or her immigration status and, in addition, obtain a work permit, or EAD, to work legally in the country, while or after they wait for the resolution of his or her case.
If a nonresident has been continuously present in the United States for more than 10 years, he or she may be eligible for cancellation of removal. To do so, the individual must demonstrate that they meet the requirements stipulated by the U.S. government.
What requirements must be met for cancellation of removal for non-lawful residents to be possible?
In order for cancellation of removal for non-lawful residents to be possible, certain strict requirements, listed below, must be met:
- The person must have resided in the country for a continuous period of time, for at least 10 years.
- The person must have demonstrated good moral character during that 10-year period.
- The person must not have committed or been convicted of certain crimes.
- The person must prove that his or her deportation would cause extreme hardship to a citizen or permanent resident relative, whether spouse, child, or parent.
What must be taken into account when requesting a cancellation of removal?
To request a cancellation of removal, the individual must meet certain requirements, submit the relevant documentation, and complete the appropriate forms to have a better chance of having the process completed favorably. Some required documents are the following:
- Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, or EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Non-permanent Residents.
- Proof that the individual has resided in the United States continuously for at least 10 years.
- Evidence of good moral character, and police records from each jurisdiction in which the individual has resided.
- Testimony and statements substantiating why your deportation would cause extreme hardship to a citizen or permanent resident family member.
- Additional evidentiary documents such as medical records, school records, bank statements, evidence of ownership or assets, among others.
- Biometric data
- Translations of any document in another language.
- 2 photographs with white background taken within the last 30 days.
- Pay the relevant fees for the presentation of the document and the collection of biometric data.
Veracity of evidence and its importance
It is of utmost importance that the data and answers to the questions contained in the EOIR-42A and EOIR-42B forms are truthful and genuine. At the time of application, the applicant will be asked to swear or affirm that the contents of their form and additional documents are a true representation of their situation and knowledge, as the answers given will be used to determine the outcome of their case.
If perjury is committed or false documentation is submitted, the applicant could face civil or criminal charges. These penalties could include a fine of $250,000 or imprisonment for ten years. In addition, he could face civil charges of $2,000 for each false document submitted.
How to obtain a Work Permit during the Cancellation of Removal Process?
The cancellation of removal process can be complex, and having a work permit while the case is being resolved can be a significant financial relief. Individuals who have filed a Form EOIR-42A or EOIR-42B may immediately file an Application for Employment Authorization with USCIS using Form I-765. Form I-765.
In addition, the applicant must submit all relevant evidence supporting his or her status and pay the appropriate filing fee to the U.S. Citizenship and Immigration Services. This temporary permit will allow the applicant to work legally while waiting for the resolution of his case.
What is a work permit, and how long does it take?
A work permit that authorizes a foreign national to work legally in the country for a specified period of time and is issued by the U.S. government. This permit is essential for immigrants who wish to work in the U.S. legally and in compliance with all current immigration regulations, avoiding putting their immigration status at risk.
The processing time for a work permit can take between 60 and 80 days. Once your application is approved, USCIS will mail you your EAD card. Additionally, you should keep in mind that this permit can be renewed annually, and to check the status of your application, you can make use of the Case Status query system on the official USCIS website.
Criteria for applying for a work permit
When applying for a work permit in the United States, it is essential to meet certain criteria established by the United States Citizenship and Immigration Services (USCIS). These requirements include the following:
- Check the eligibility and type of work visa needed for your particular case, and comply with the relevant requirements of the appropriate visa.
- Have a job offer from an employer that sponsors work visas in the United States.
- Have your employer’s approval to apply for a work permit.
- File Form I-765 with USCIS and pay the appropriate fee.
The Role of an Attorney in Cancellation of Removal and Work Permit Applications
When facing Cancellation of Removal proceedings in the United States, having an immigration attorney can make the difference between an approved application and a rejected application. A knowledgeable immigration attorney will not only guide you through this complex process, but will ensure that all of your documents and evidence are in order and meet the requirements of the U.S. immigration system.
Having a professional attorney represent you before the Immigration Court will increase your chances of success in both proceedings, and ensure that you do not face unnecessary penalties and fines. At Jaskot Law, we believe that every case is important when it comes to the immigration status of our clients, and that is why we offer personalized services to secure their future in the United States.
Frequently Asked Questions
How to obtain a Work Permit during the Cancellation of Removal Process?
During the cancellation of removal process, a Work Permit may be obtained by filing an Application for Employment Authorization with USCIS on Form I-765. This permit allows the applicant to work legally while his or her case is being resolved, and the processing time is usually 60 to 80 days.
What requirements must be met for cancellation of removal for non-lawful residents to be possible?
In order for cancellation of removal for non-lawful residents to be feasible, requirements must be met such as residing in the country continuously for at least 10 years, demonstrating good moral character, not having certain criminal records, and proving extreme hardship to a citizen or permanent resident relative.
Who can request a cancellation of removal and a work permit?
In the U.S., lawful permanent residents and non-permanent residents who have been in the country for at least 10 years, and those who demonstrate extreme hardship to a citizen or permanent resident relative, may apply for cancellation of removal.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
