If a non-permanent citizen is facing deportation, whether for immigration violations or any other reason, he or she may apply for Cancellation of Removal to avoid removal from the United States.
Through the Form 42Bthose who face the possibility of being deported from the country, have the possibility of completing this form, and increase the chances of obtaining the cancellation of the deportation order granted by a judge.
At Jaskot Law, we understand how complex this process can be and, therefore, we are committed to guide immigrants in the correct completion of the Form 42B, providing them with personalized legal advice to protect their rights and stay in the country.
What is Form EOIR-42B and what is it for?
Form EOIR-42B, also known as Application for Cancellation of Removal and Adjustment of Status, is a crucial document in U.S. immigration proceedings. This document allows a nonresident immigrant facing deportation to request an appeal of a decision made by Department of Homeland Security (DHS) officials to the Board of Immigration Appeals (BIA).
By submitting this form, and additional relevant documents, an eligible non-permanent resident will be able to access this benefit and have a hearing in front of an immigration judge. Likewise, understanding how to complete this form correctly is of vital importance, since a successful appeal can have a significant impact on the permanence on the American country.
Who can apply for cancellation of removal on Form 42B?
A non-permanent resident who is in the United States and faces an order of deportation must meet certain requirements to apply for cancellation of removal through Form 42B. Eligibility criteria can be classified as follows:
A)
- You must have been in the country continuously for at least 10 years prior to receiving the Notice to Appear.
- Must not have been convicted of committing certain criminal offenses.
- Must prove that deportation would cause exceptional and extreme hardship to a U.S. citizen or permanent resident, whether a spouse, child, or parent.
B)
- You have suffered extreme cruelty or abuse by a U.S. citizen or lawful permanent resident (spouse or parent), or you are the parent of a child who has suffered such abuse by his or her other U.S. citizen or lawful permanent resident parent.
- Have been in the country continuously for at least 3 years, and have maintained good moral character during that time.
- Must not have been convicted of committing certain criminal offenses.
- He has no aggravated felony convictions.
- Must prove that deportation would cause exceptional and extreme hardship to a U.S. citizen or permanent resident, whether a spouse, child, or parent.
- You deserve a favorable exercise of discretion on your request for cancellation of removal.
How to file Form EOIR-42B?
Filing Form EOIR-42B can be a crucial step in the legal process for cancellation of removal. This form must be completed correctly and in a timely manner to increase the chances of remaining in the United States and to resolve an immigrant’s immigration status favorably. To do so, it is necessary to take certain criteria into account.
Form preparation
To complete the EOIR-42B form, it is important to provide detailed and truthful information about your immigration history, family situation, and any other relevant factors that may support your request for cancellation of removal. In addition, the form must be completed in ink and legible handwriting.
It is important to note that the form must be completed in its entirety, and that blanks should be avoided. If any item addressed is not applicable to the applicant, the applicant should enter “not applicable” or “none”. However, we recommend that you carefully read the instructions attached to the form to avoid errors.
Necessary documents
The additional documents you must submit to support and verify the information included in the form must, among other things, prove that you have been continuously present in the United States for the required period. These may include, but are not limited to, bank records, contracts, licenses, birth, church, or school records, employment records, tax payment records, among others.
As an applicant, you should be aware that you will be required to submit documents that help prove that you have maintained good moral character during your stay in the United States, as well as submit police records from all jurisdictions in which you have resided during that time. It may also be helpful to have an affidavit from your employer that includes relevant information about the length of time you were employed and your income.
Biometric data, translations and photographs
The applicant over 14 years of age must provide and submit the biometric data required in the process. The steps to complete this step will be informed in a timely manner so that you can go to a designated service center and provide the biometric information requested.
In addition, the applicant must submit certified English translations of any documents that are in another language. The translation must be legitimate and accurate to what is found in the original document. In addition, the applicant will be required to submit two unretouched, photographic quality, color photographs taken within 30 days of the date of application that comply with the instructions and measurements specified for this process.
Submission of the application
Once the application has been completed, and the additional documents have been gathered, the applicant must submit them to the appropriate Immigration Court. It is necessary to verify which court is conducting the deportation proceedings, as it is usually the same court where the application for cancellation of removal must be filed.
After ensuring that all requirements have been met, the applicant must wait for a response from the Immigration Court. The time for the resolution of this process depends on and is subject to the circumstances of each particular case. In addition, the burden on the Immigration Court may also affect waiting times for a response.
Issues to be considered for Form 42B filing
When filing Form EOIR-42B in a legal case, it is crucial to keep in mind several aspects to ensure proper filing and avoid possible complications. In addition, it is of utmost importance to carefully follow the instructions provided by the court and make sure to comply with the established deadlines to avoid delays or rejections in the filing. Some aspects to consider when applying for cancellation of removal include those mentioned below.
Fees
A non-refundable fee of US$100 will be required in order to submit documentation. In addition, you must have paid the biometric data collection fee and have the relevant receipts for such payments. If the applicant does not have the means to pay the fees, he/she may ask for a waiver of such fees before an Immigration Judge.
It is important that you refer to the detailed instructions in the attachment to Form EOIR-42B to corroborate the fees to be paid.
Fines and penalties
All responses and documentation submitted with Form EOIR-42B must be true and genuine, as the applicant will be required to swear or affirm to the truthfulness of such information. In this instance, you should be aware that the information you provide to the Immigration Court will be crucial in determining the disposition of your cancellation of removal case.
If the applicant’s case is resolved favorably, he or she may apply for Adjustment of Status, and any pertinent information included in the application for cancellation of removal may be included in this process. It is crucial to have accurate information to avoid unfavorable consequences in your admission process to the United States.
How can an experienced immigration attorney help you with Form 42B?
With the help of an experienced attorney, an applicant for cancellation of removal can be assured that all requirements and all relevant documents are filed correctly and in a timely manner with the Immigration Court. This is crucial in the immigration process to avoid possible errors that may delay or jeopardize the favorable outcome of this complex process.
Jaskot Law‘s team of specialized attorneys is more than committed to helping immigrants deal with the complicated immigration process, and to providing personalized guidance to our clients on their particular case. Having the assistance of a legal professional in this process can increase the chances of success and make it easier to obtain permanent resident status in the United States.
Frequently Asked Questions
What is Form EOIR-42B and what is it for?
Form EOIR-42B, known as Application for Cancellation of Removal and Adjustment of Status, is crucial in U.S. immigration proceedings. Allows a nonresident immigrant to request an appeal of deportation by agreeing to a hearing with an immigration judge for review of his or her case.
Who can apply for cancellation of removal on Form 42B?
Non-permanent residents facing deportation must meet requirements such as remaining in the country continuously for certain periods, demonstrating good moral character, and proving that deportation would cause extreme hardship to family members in the US. It is essential to meet these criteria in order to apply for cancellation of removal.
How to file Form EOIR-42B?
To complete the form, it is essential to provide detailed and truthful information about immigration history and family status. In addition, submitting additional documents to support the application is crucial. Detailed instructions must be followed and documentation must be submitted to the appropriate Immigration Court.
What issues to consider when filing Form 42B?
It is important to consider the required fees, which include a non-refundable fee of US$100 and the biometric data collection fee. Also, all answers and documentation must be truthful, as the information submitted will be crucial to the resolution of the cancellation of removal case.
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.
