Cancellation of Deportation Requirements: Guidance for Immigrants

The Cancellation of deportation Requirements is a provision that allows immigrants to stay in the United States if they meet certain conditions. Cancellation of Removal can be granted by an Immigration Judge or through other legal channels, such as VAWA cancellation of removal. This article will explore when you may qualify for Cancellation of Removal and how it is processed.

When can an immigrant be deported?

Legal and non-legal residents may face deportation due to several different reasons, such as committing a crime. When you are facing these conditions, Cancellation of Removal might be able to help keep you from having to leave the country permanently.

What does EOIR 41B and 42B mean?

EOIR is the acronym for Executive Office of Immigration Review. This agency houses immigration courts and oversees immigration matters. EOIR 41B means Cancellation of Removal under INA Section 240A(b)(I) while 42B refers to Cancellation of Removal eligibility requirements as defined by INA Section 240A(b).

What is VAWA Cancellation of deportation?

VAWA Cancellation of Removal, or more commonly referred to as Battered Spouse Cancellation of Removal, allows immigrants who are the recipients of a self-petition under VAWA to be eligible for Cancellation. This includes victims who suffer extreme mental or physical abuse by their U.S. citizen/permanent resident spouse (or parents if you are under 21). You must prove that your deportation would cause an exceptional and extremely unusual hardship for your parent(s) or child(ren), which currently reside in the United States.

Benefits of obtaining Cancellation of deportation:

If you win a cancellation of removal case, you’ll get a slew of advantages, including:

  1. Your expulsion from the country may be postponed indefinitely.
  2. A permanent resident card may be obtained.
  3. To be eligible for social services such as Medicaid, Supplemental Security Income for the Disabled, food stamps.

What are the procedures for Cancellation of deportation?

There is a certain set process that needs to be followed by immigration courts when processing Cancelation of Removal cases:

  1. There must be a deportation proceeding in progress.
  2. Complete EOIR 42B if you are an undocumented immigrant or EOIR 42A if you are a permanent resident. 
  3. Pay the fee to USCIS for the biometric data collection.
  4. Prepare the case with documentation, statements and witnesses to be presented in court. Appear in court for both the master calendar and individual visit.
  5. If the judge considers that the immigrant has met the requirements, the deportation process is cancelled.

Cancelation proceedings can take months depending on how soon you are able to get an appointment with your Immigration Judge. The Cancellation of Removal process is very similar to the deportation process, but you are given more opportunity to explain why you should be allowed to stay in the United States legally.

Lawful Permanent Resident: How to apply?

In order for a lawful permanent resident to apply for cancellation of removal, he or she must meet the following requirements:

  1. Have lived in the United States for at least 7 years in a row and have done so lawfully.
  2. Have been a lawful permanent resident for at least 5 years.
  3. Not have committed any convictable crime.

Undocumented Resident: How to apply?

In order for an undocumented resident to apply for cancellation of removal, he/she must meet the following requirements:

  1. Have lived in the United States for at least 10 years.
  2. Have not been Convicted of a Crime or an Indecent Act.
  3. Have been a person of unimpeachable behavior, of good moral character for at least ten years prior to the commencement of the process; for at least 10 years, i.e. the time is from the commencement of the cancellation of removal process, the time of residence is a separate count.

What happens after Cancelation of Removal is granted?

If Cancelation of Removal is approved, you will be issued a Form I-551 stamp as evidence to show your lawful status as a permanent resident or conditional permanent resident. Cancellation of removal does not grant you U.S. citizenship, but allows you to remain legally within the United States with certain conditions and limitations on travel outside the country during your first five years as a Legal Permanent Resident without having to obtain advance permission from USCIS beforehand.

What happens if I do not sign the order of deportation?

Cancellation of Removal is only granted if the Immigration Judge or Secretary approves your case. If you fail to agree with their decision and refuse to sign, you could be deported from the United States and not allowed back for a period of ten years.

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