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Do I Qualify for 42B Cancellation of Removal?

Do I Qualify for 42B Cancellation of Removal?

Who Qualifies for Cancellation of Removal?

If you are facing deportation from the country, we understand the stress that you are experiencing. While this is certainly a difficult situation, keep in mind that all hope of remaining in the country is not lost. With the help of an experienced deportation attorney, it may be possible to qualify for a cancellation of removal, which will allow you to stay in the US.

Requirements to Qualify for Cancellation of Removal

You may be able to apply for Cancellation of Removal on form EOIR-42B if you meet the following requirements:

  • The first is that you must have maintained a continuous physical presence in the US for ten or more years.

  • During that time you must have been a "person of good moral character''

  • In addition, your removal must result in exceptional and extremely unusual hardship to a United States citizen or lawful permanent resident such as a spouse, parent, or child.

  • Lastly, you must also convince a judge that you deserve a favorable exercise of discretion.

The above requirements are typically quite difficult to meet. If you believe you may qualify for cancellation of removal, you will want to seek the assistance of an immigration attorney as soon as possible to help you through the process. Your attorney will make sure all the required forms are completed properly, and any evidence that is needed is presented to the authorities.

Even if you don't qualify for this cancellation of removal, you may still be eligible for another form of immigration relief. Please see our blog showing 10 common ways to win deportation cases here.

One of the most important things to keep in mind is that if you want to avoid deportation, you must work within the system. If you do not show up for your hearing, you will lose any opportunity you might have had to qualify for the cancellation of removal. With this in mind, it is best to reach out to an attorney as soon as you are notified of a removal hearing. Please contact us today to learn more!


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