The Process of Cancellation of Removal Proceedings Introduction 

Navigating the immigration system in the United States can feel like trying to solve a complex puzzle with pieces that don’t quite fit. One of the most challenging aspects for many immigrants is dealing with cancellation of removal proceedings. If you or someone you know is facing this daunting situation, it’s crucial to understand the steps involved and what you can do to make your case as strong as possible.

Understanding Cancellation of Removal Proceedings

Cancellation of removal is a form of relief available to certain individuals who are in the United States and are facing removal (deportation) proceedings. This remedy allows an individual to apply to remain in the United States and potentially obtain lawful permanent residency (a green card) if they meet specific eligibility requirements.

Eligibility Requirements for Cancellation of Removal Proceedings To be eligible for cancellation of removal, an individual must meet certain criteria. These criteria vary depending on whether the individual is a lawful permanent resident (Green Card holder) or a non-permanent resident.

For Lawful Permanent Residents:

1. Permanent Resident Status: Must be a lawful permanent resident for at least 5 years.

2. Continuous Residence: Must have continuously resided in the United States for at least 7 years after being lawfully admitted.

3. No Aggravated Felony: Must not have been convicted of an aggravated felony.

For Non-Permanent Residents:

1. Continuous Physical Presence: Must have been physically present in the United States for at least 10 years.

2. Good Moral Character: Must demonstrate good moral character during those 10 years.

3. Hardship to a Qualifying Relative: Must prove that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Filing Form EOIR-42A with the Immigration Court Once you’ve determined your eligibility, the first formal step in the process is to file Form EOIR-42A (Application for Cancellation of Removal and Adjustment of Status for Certain Permanent Residents) with the immigration court that has jurisdiction over your case.

The Steps to File Form EOIR-42A:

1. Complete the Form Accurately: Ensure that all sections of the form are filled out completely and accurately. Mistakes or omissions can delay the process or result in denial.

2. Pay the Filing Fee: Submit the appropriate filing fee or apply for a fee waiver if you cannot afford the fee.

3. Gather Supporting Documents: Collect all necessary supporting documents, which may include proof of continuous residence, tax returns, employment records, and evidence of good moral character.

Attending a Hearing After submitting Form EOIR-42A, you will be scheduled for a hearing before an immigration judge. This hearing is your opportunity to present your case, so preparation is key.

Preparation for the Hearing:

1. Legal Representation: Consider hiring an experienced immigration attorney to represent you. An attorney can help you understand the process, present your evidence effectively, and argue on your behalf.

2. Prepare Witnesses: If you have family members, friends, or other witnesses who can provide testimony in support of your case, ensure they are prepared to attend the hearing.

3. Organize Your Evidence: Make sure all your evidence is well-organized and easy to present. This includes any documents, photographs, or other materials that support your claims.

Submitting Evidence Submitting the right evidence is crucial to building a strong case for cancellation of removal. The evidence you provide must clearly demonstrate that you meet the eligibility requirements.

Types of Evidence:

1. Proof of Continuous Residence: Documents such as leases, utility bills, and school records that show you have continuously lived in the United States.

2. Employment Records: Pay stubs, W-2s, and letters from employers that demonstrate your continuous employment.

3. Character References: Letters from community leaders, employers, friends, and family that attest to your good moral character.

4. Hardship Documentation: Evidence that demonstrates the hardship your removal would cause to your qualifying relatives, such as medical records or financial statements.

Decision by the Immigration Judge After your hearing, the immigration judge will review all the evidence and arguments presented before making a decision.

Possible Outcomes:

1. Application Granted: If the judge grants your application, you will be allowed to remain in the United States and eventually obtain a green card.

2. Application Denied: If the judge denies your application, you may be subject to deportation. However, you may have the option to appeal the decision.

Appealing the Decision If your application for cancellation of removal is denied, you have the right to appeal the decision to the Board of Immigration Appeals (BIA).

Steps to Appeal:

1. Notice of Appeal: File a Notice of Appeal with the BIA within 30 days of the immigration judge’s decision.

2. Brief in Support of Appeal: Submit a written brief outlining the reasons for the appeal and any errors you believe the judge made in their decision.

3. Oral Argument: In some cases, you may have the opportunity to present an oral argument before the BIA.

Final Thoughts

The process of cancellation of removal proceedings is undoubtedly complex and often emotionally taxing. However, by understanding the steps involved and preparing thoroughly, you can give yourself the best possible chance of success. Conclusion Immigration proceedings can be overwhelming, but with the right knowledge and preparation, you can navigate the process of cancellation of removal proceedings more effectively. Remember to gather all necessary documentation, seek legal assistance, and present your case clearly and convincingly.

FAQs

1. What is cancellation of removal? Cancellation of removal is a form of relief that allows certain individuals to remain in the United States and obtain a green card despite facing removal proceedings.

2. Who is eligible for cancellation of removal? Eligibility requirements vary for lawful permanent residents and non-permanent residents but generally include factors such as continuous residence, good moral character, and hardship to qualifying relatives.

3. What is Form EOIR-42A? Form EOIR-42A is the application for cancellation of removal and adjustment of status for certain permanent residents.

4. Do I need an attorney for cancellation of removal proceedings? While you can represent yourself, having an experienced immigration attorney can significantly increase your chances of success.

5. How long does the process take? The timeline varies depending on the complexity of your case and the backlog at the immigration court, but it can take several months to years.

6. What happens if my application is denied? If your application is denied, you may be subject to deportation, but you have the option to appeal the decision to the Board of Immigration Appeals.

7. Can I work while my cancellation of removal application is pending? You may be eligible for work authorization while your application is pending, but it’s essential to consult with an attorney to understand your specific situation.

8. How can I prove continuous residence? Continuous residence can be proven through documents such as leases, utility bills, school records, and employment records that show your presence in the U.S.

9. What constitutes good moral character? Good moral character is typically demonstrated through a clean criminal record, positive community involvement, and character references from reputable individuals.

10. What is a qualifying relative? A qualifying relative is a U.S. citizen or lawful permanent resident spouse, parent, or child who would suffer exceptional and extremely unusual hardship if you were removed.