Facing the prospect of deportation in the United States can be an overwhelming and uncertain experience. However, processes such as stopping a deportation order could give you the opportunity to stay in this country and build a more secure future for you and your family.
This remedy could not only prevent you from being separated from your loved ones, but also provide you with new opportunities in the United States. With the experience of Zava Immigration Law Group, we will provide you with all the information you need to face this process with security and peace of mind.
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How to carry out the process of stopping a deportation order? EOIR Form 42B
Cancellation of removal is a legal process designed for those who meet certain requirements and face deportation, either for legal or immigration reasons. It offers hope and the opportunity to regularize your status for a more stable and legal future in the country.
Immigration Form EOIR 42B, also known as Application for Cancellation of Removal and Adjustment of Status, is a form that allows non-permanent residents of the United States to apply for the process of stopping a deportation order and to obtain lawful permanent resident status if they meet certain requirements.
Who is eligible for cancellation of removal?
To be eligible for a process such as stopping a deportation order, generally, as an applicant, you must demonstrate:
| Part A | Part B |
| 1. That prior to the notice to appear you maintained continuous physical presence in the United States for ten (10) years or more and were a person of good moral character. | 1. That you were the victim of abuse or extreme cruelty in the United States by your U.S. citizen or lawful permanent resident spouse, or you are the parent of a child of a U.S. citizen or lawful permanent resident and the child was the victim of abuse or extreme cruelty in the United States by such spouse or lawful permanent resident. |
| 2. That you were not convicted of certain serious crimes and do not represent a threat to national security. | 2. That prior to the notice to appear, you maintained continuous physical presence in the United States for three (3) years or more and were a person of good moral character during that period. |
| 3. That your deportation would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child, and merits a favorable exercise of discretion in your application. | 3. That you are not inadmissible, subject to deportation, or convicted of an aggravated felony as defined by the INA. |
| 4. a. That your deportation would result in extreme hardship to you or your child, who is a child of a U.S. citizen or lawful permanent resident. b. That you are a minor whose deportation would result in extreme hardship to you or your parent. | |
| 5. That you deserve a favorable exercise of discretion in your application. |
If you have doubts about whether you qualify for a process such as stopping a deportation order that threatens your stay in the country, don’t worry, we can help you. Contact us, and we will provide you with the necessary legal advice.
Who is NOT eligible for cancellation of removal?
On the contrary, it also establishes requirements that determine who CANNOT access a process such as stopping a deportation order. A person is not eligible if the following are determined:
| A. That you entered as a crewmember after June 30, 1964. |
| B. That you were admitted as a non-immigrant exchange alien for graduate medical education or training, regardless of whether you are subject to or have met the two-year foreign residency requirement. |
| C. That you were admitted as a non-immigrant exchange alien, except for graduate medical education or training, and are subject to the two-year foreign residency requirement under the INA, but have not met it or obtained a waiver. |
| D. That you are inadmissible or deportable according to INA. |
| E. That you ordered, incited, aided, or participated in the persecution of a person because of race, religion, nationality, membership in a particular social group, or political opinion. |
| F. That you were previously granted relief under corresponding INA statutes that were in effect prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and your deportation was previously cancelled under section 240A of the INA. |
Instructions for submitting EOIR Form 42B
Before filing Form EOIR 42B and initiating proceedings such as stopping a deportation order, a number of instructions must be followed. These include the following steps:
- Form Preparation: You must complete the form carefully and accurately by following the instructions provided. Each person requesting cancellation must submit a separate request.
- Supporting Documents: You must include documents that support your application, such as evidence of your continued presence in the U.S., good moral character, and the hardship your family members would face if you were deported. These documents may include bank records, employment records, school records, proof of taxes, among others.
- Burden of Proof: It is your responsibility to provide evidence that you meet the legal requirements for cancellation of removal and that you deserve discretionary relief. You must include detailed and complete answers in the application.
- Fees: Before filing the form with the Immigration Court, you must pay the required fees to the Department of Homeland Security. These rates are non-refundable.
- Submission of Documentation: You must submit copies of relevant documents, including Immigration Form EOIR 42B, receipt of fee payment, Form G-325A of biographical information, and a photograph of yourself.
- Filing with the Court: Finally, you must file the documents with the appropriate Immigration Court.
Please note that it is important to follow the steps correctly and comply with the deadlines and requirements to increase your chances of success in your application. If you have any questions or need legal advice, please do not hesitate to contact Zava Immigration Law Group and we will help you.
Complete process of stopping a deportation order
Cancellation of removal proceedings in the United States is a path that can take you from the threat of removal to obtaining lawful permanent residence. However, it requires meeting specific requirements and going through several stages:
Step 1 – Receipt of Notice of Appearance
The process begins when you receive a Notice to Appear from Immigration and Customs Enforcement (ICE). This notice states that you face deportation and must appear before an immigration court.
Step 2 – Submission of cancellation request
After receiving the notice, you must appear before the immigration court and file the application using Form EOIR 42B. This step is critical, and the application must be supported by adequate documentation to demonstrate eligibility.
Step 3 – Immigration Court Hearing
Once the application is filed, an immigration court hearing will be scheduled. At this hearing, an immigration judge will evaluate your case, review documentation, and hear your arguments. It is essential to have an immigration attorney at this stage to represent you and present your case effectively.
Step 4 – Eligibility evaluation
During the hearing, the judge will assess whether you meet the eligibility requirements for cancellation of removal, such as time in the U.S., good moral character, and extreme impact on the family. Consideration will also be given to whether it poses a threat to national security.
Step 5 – Judge’s decision
Once your case has been evaluated, the judge will issue a decision. If cancellation of removal is granted, you will have the opportunity to apply for lawful permanent residence. This is one of the most crucial and life-changing stages of your life.
Step 6 – Case follow-up
If you are granted cancellation of removal, you must follow the procedures to obtain your lawful permanent residence. This will include completing additional forms and complying with other requirements established by the U.S. Citizenship and Immigration Services (USCIS).
It is important to mention that the length of the process may vary depending on the workload of the immigration court and other factors. With the deportation defense and removal services of Zava Immigration Law Group, we help you navigate every step of this complex process.
Benefits of obtaining cancellation of removal
Cancellation of removal is not only about avoiding removal from the country, but also carries a number of valuable benefits. Among them, the two most significant are the following:
- Legal Permanence: If you meet the requirements and are granted cancellation, you will obtain the long-awaited legal permanent residency. This means that you will have the right to live and work in the United States indefinitely.
- Family Reunification: Cancellation of removal gives you the opportunity to reunite or remain with your family on U.S. soil. In other words, it can be a path to family stability and the foundation for a promising future in the United States.
Face deportation with professional legal help
Simply put, by succeeding in a complex process such as stopping a deportation order, you may gain the opportunity to remain in the United States legally. However, it is essential that you meet all the requirements and submit the correct documentation, including the Form EOIR 42B, to obtain a strong case.
To increase your chances of success, we recommend that you obtain legal advice. Zava Immigration Law Group‘s team of immigration law attorneys has the experience and knowledge to give you the support you deserve to secure your future in the United States.
Sources
Immigration and Customs Enforcement (ICE)
United States Citizenship and Immigration Services (USCIS)
Frequently Asked Questions
How long does the Cancellation of Removal process take?
Cancellation of removal proceedings can vary in length depending on the case and the workload of the immigration court. It may take several months or even years from the time you submit the application until a final decision is made.
How long after obtaining Cancellation of Removal can I apply for U.S. citizenship?
After obtaining a green card through Cancellation of Removal, you generally must wait five years before you are eligible to apply for U.S. citizenship. Meeting the requirements of continuous residence and good moral character during this period is critical to the naturalization process.
Is it possible to appeal an unfavorable Cancellation of Removal decision?
Yes, you can appeal an unfavorable decision to an immigration appeals board. An experienced immigration attorney can help you prepare and present a strong appeal to defend your case.
Can I apply for cancellation of removal if I have U.S.-born children?
Having U.S. citizen children may be a favorable factor in your application, as it demonstrates strong family ties. It may be considered by the judge in making his decision. However, you must still meet other requirements, such as continuous residency and good moral character.
other Resources
How To Apply For Cancellation Of Removal, Step By Step
How To Deal With A Deportation Order In The United States
Deportation In The United States: We Explore The Most Important Causes Of Deportation
Applying For Defensive Asylum In The U.S., The Complete Guide
