Immigration Lawyer / Immigration Attorney

Phone

(206) 488-9030

Introduction

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 been a lawful permanent resident (LPR) of the United States for at least five years at the time that the application is filed, have continually resided in the United States for at least seven years after being admitted in any status (see below*) and have not been convicted of an aggravated felony.

Eligibility

  • You must have been an LPR for 5 years;
  • You must have continually resided in the US for at least seven years after being admitted in any status. *(stop-time rule – if you were issued a notice to appear in immigration court with seven years of admission or committed certain crimes/security related offense within seven years of admission, then you do not satisfy this requirement and therefore are not eligible for LPR Cancellation of Removal);
  • You must not have been convicted of an aggravated felony.
Also, persons in the following categories are ineligible even if they meet the above eligibility requirements:
  • Persons previously granted cancellation of removal or related relief from removal;
  • Crewmen who entered subsequent to June 30, 1964;
  • Persons admitted on a J visa to receive graduate medical training regardless of whether subject to or have received a waiver of the home residency requirement;
  • Persons admitted on J visa or acquired such status after admission with 2 year foreign residency requirement who never fulfilled the requirement or received a waiver;
  • Persons inadmissible or deportable for security related reasons;
  • Persons determined to have persecuted others.

Process

First, you must gather and prepare information pertaining to positive factors that the Immigration Judge will review. This includes documents relating to work history, military history if you served, community service, property or business ties to the United States and rehabilitation. Then you prepare the form and attached the above mentioned materials and submit your application to the 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 above factors with emphasis on rehabilitation

Filing Fees

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

Conclusion

If you are in removal proceedings, and have met the above mentioned eligibility requirements, you may apply for a 42A. Contact our office to help guide you through the 42A process and keep your Lawful Permanent Resident status.