Immigration Lawyer / Immigration Attorney

Phone

(206) 488-9030

Introduction

EOIR 42B – Cancellation of Removal is a form of relief available to those who are in proceedings in Immigration Court. To obtain cancellation of removal, you must have met the 10 year presence requirement in the United States, have had good moral character during that period of time, have not been convicted of certain crimes, and demonstrate that your removal would result in exceptional and extremely unusual hardship to your USC or LPR spouse, parent, or child, and are deserving of a favorable exercise of discretion.

Eligibility

  • You must be currently in proceedings in immigration court.
  • You must not have a closed case because you have a final order of removal or deportation from an immigration judge, unless you can convince the immigration judge to re-open your case.
  • Prior to the commencement of immigration proceedings, you must have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
  • You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and
  • The immigration court must find that your removal would result in exceptional and extremely unusual hardship to your USC or LPR spouse, parent, or child, and that you are deserving of a favorable exercise of discretion.
  • *This page does not address certain persons who have been battered or subjected to extreme cruelty in the United States by their USC or LPR spouse or parent. These certain persons are eligible for relief under a different section of cancellation of removal which will be addressed elsewhere on this website.

Process

First, you must gather and prepare information pertaining to the Form 42B. This includes some of the following: medical and mental health reports regarding your USC or LPR family, documentation showing legal status, family photographs, and letters from your family describing the hardship your removal would cause to them, and documentation showing that you have been in the United States for 10 years. You then prepare the Form 42B and attach some of the documents mentioned above and submit your application to the Immigration Court. The immigration court will schedule a hearing (assuming you meet the requirements) where your attorney will present your case to the court through legal argument and you and your family can testify to the exceptional and extremely unusual hardship suffered.

Filing Fees

Form EOIR 42B – $185 (this includes 42B – $100 and Biometrics $85). The immigration judge may grant a fee waiver for the 42B – $100. There is no fee waiver for Biometrics.

Conclusion

If you are in removal proceedings, have met the above mentioned eligibility requirements, you may apply for a 42B, and if granted will become a legal permanent resident. Please contact our office to help guide you through this process.