Who Is Eligible for 42a Cancellation?
If you have been a Lawful Permanent Resident (LPR) for at least five years and have lived in the U.S. continuously for at least seven years, you may prove eligible for a 42a Cancellation of Removal if threatened with deportation. Anyone who has served in the U.S. armed forces for at least 24 months doesn’t have to meet the seven years of continuous residence requirement. Additionally, you must not have been convicted of an aggravated felony.
If you or a loved one is being targeted for deportation proceedings, it is essential to seek legal assistance as soon as possible. To ensure you present your strongest argument against deportation and meet all of the legal and procedural requirements of your defense, speak with a member of our team at Bassey Immigration Law Center.
What is a 42a Cancellation?
A 42a Cancellation of Removal is a form of relief available to LPRs facing deportation in the U.S. It allows them to avoid removal and retain their green card status if they meet specific requirements, as noted above.
Applying for a Cancellation of Removal
You can apply for a Cancellation of Removal with the immigration court in charge of your case by answering all questions on Form EOIR-42a. Immigration courts face a significant backlog, so the process often takes a long time. Much will depend on the nature of the individual case and the level of documentation submitted with the application.
Necessary Documentation to Support Your Application
Documentation needed to support your application should include evidence of the following:
- Good moral character: Proof of continuous employment and community involvement can aid in establishing good moral character. For example, W-2s, tax returns, and pay stubs can demonstrate continuous employment.
- Proof of continuous residence: Your green card, mortgage or rent bills, federal income tax forms, medical records, marriage license, birth certificates of U.S.-born children, and similar material can show you have resided continuously in the U.S. for at least seven years.
- Proof of enrollment in school (if applicable): Report cards and attendance records can provide proof of length of residence.
- Notarized affidavits from friends, family, or employers: These affidavits can testify to your good character and employment history.
The immigration judge has considerable discretion in granting a cancellation of removal. The judge takes into account why you are targeted for removal, any criminal record, family ties, and any immigration issues.
Contact Bassey Immigration Law Center to Schedule a Consultation
The first thing you need to do when facing deportation or removal is to pick up the phone and connect with an experienced Florida immigration attorney. Every member of our team at Bassey Immigration Law Center has personal experience with the immigration process, so we understand the stress you are under and the importance of resolving this situation quickly and efficiently. If you think you are eligible for a 42a Cancellation of Removal, schedule a consultation with a deportation lawyer today.
