Form 42B is a critical tool that can help eligible individuals secure their place in the community they have come to call home. Through this tool, an immigrant can apply for cancellation of removal. cancellation of removal before an immigration judge.
Don’t face deportation proceedings alone. At Urbina Immigration Law we are here to help you. With our experience in cancellation of removal cases, we will guide you through the process and fight for your rights. Contact us now for a strong legal defense.
Table of Contents
What is Immigration Form 42B?
Immigration Form 42B is also known as Application for Cancellation of Removal and Adjustment of Status . This form gives eligible non-permanent residents the opportunity to apply for cancellation of removal and obtain lawful permanent resident status. If you need advice with cancellation of removal, call our team of experts at (770) 343-4821..
This process is commonly associated with the 42B immigration law. However, it should be noted that these are different issues. In principle, it is a common confusion to believe that the 42B in immigration is a law, but in reality it is exclusively a form. Sometimes, confusion arises from associating the existence of the form with a 42B immigration law or mistakenly associating it with Title 42 immigration.
Title 42 is a name generally associated with the health measure imposed during the Trump administration because of the coronavirus. It allows authorities at the border to expel migrants who cross to seek asylum without giving them a chance to plead their case. And it is soon to meet its end.
While Immigration Law 42B does not refer to any specific content, Immigration Form 42B can be used to avoid deportation for certain non-permanent residents and can be found on the U.S. Department of Justice website.
Immigration Form 42B Filing Requirements
In order to file an application for cancellation of removal with a 42B Immigration Form, you must demonstrate to a judge that you are eligible for such a proceeding. You may be eligible for cancellation of removal if you fall under Option A or Option B below.
Option A – Meets the following requirements:
- You have resided continuously in the United States for 10 or more years before deportation proceedings were initiated.
- He has been a person of good moral conduct.
- He has not been convicted of any of the offenses specified in the Immigration and Nationality Act (INA).
- Removal would cause exceptional hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.
Option B – Any of the following circumstances apply to your situation:
- You or your child has suffered abuse or extreme cruelty in the United States by your U.S. citizen or lawful permanent resident spouse or parent.
- Has resided continuously in the United States for 3 years or more and has demonstrated good moral character.
- He is not inadmissible and has not been convicted of an aggravated felony as defined by the INA.
- Your child is a U.S. citizen or lawful permanent resident and deportation would cause extreme hardship to your child.
- You are a minor and your removal would cause extreme hardship to you or your parent.
- It deserves a favorable exercise of discretion in its EOIR-42B application.
Please note that if you have served in the U.S. Military. for at least 24 months, it is not necessary to meet the requirements of continuous physical presence. However, he must have been in the United States when he entered the Armed Forces. If you are no longer in the Armed Forces, you must have been honorably discharged.
If you have any doubts about whether you qualify for filing a 42B immigration Form, please do not hesitate to contact us. Our team of cancellation of removal attorneys will help you evaluate your case and prepare a strong defense. Call (770) 741-2302.
Who is not eligible to file an Immigration Form 42B?
You will not meet the eligibility criteria for cancellation of removal through Immigration Form 42B if:
- He obtained his residence permit by fraudulent means.
- He has been convicted of an aggravated felony.
- He entered the United States as a crewman after June 30, 1964.
- You are an exchange visitor with a youth visa and received medical training in the U.S.
- Has ordered, incited, aided or participated in the persecution of a person on account of race, religion, nationality, membership in a particular social group or political opinion.
- You have previously been granted cancellation of removal, suspension of removal, or a waiver under the INA.
How to Apply for Cancellation of Removal through the 42B Immigration Form?
If you meet the above requirements for cancellation of removal, you may file a 42B immigration Form. Be sure to fill out the form correctly and completely. In addition, the filing fee and associated biometric fees must be paid.
Once you have completed the 42B Immigration Form, you must submit a copy to the Deputy Chief Counsel of the Department of Homeland Security, Immigration and Customs Enforcement (ICE), and file the application with the appropriate immigration court.
Form Preparation
In order to apply for cancellation of removal using the 42B Immigration Form, it is necessary to diligently comply with the instructions provided therein. Each person requesting cancellation must prepare a separate request. Unless mentally incompetent or under the age of 14, in which case a parent or guardian may execute it.
Type or write your answers in legible ink, leaving no questions unanswered or blank. If a question is not applicable, write “none” or “not applicable”. For complete answers, use additional sheets if necessary, noting the question number, your alien registration number, name, signature, date , and attach them securely to the immigration Form 42B.
Supporting documents for cancellation of removal with Immigration Form 42B
To strengthen your application for cancellation of removal, be sure to include the following supporting documents:
Continuous physical presence:
- Bank books, leases, deeds, licenses, receipts, letters, etc., proving your physical presence in the United States.
- Birth records, school records, employment records, and proof of tax payments.
- Police records for each jurisdiction in which you have resided during the required period.
Good moral reputation:
- Affidavits from witnesses, preferably U.S. citizens, attesting to your good moral character.
- Affidavit from your employer, including details about your employment, duration and earnings.
Difficulties for family members:
- Official certificates that establish your relationship with family members who would suffer hardship in the event of removal.
- Birth certificates, marriage certificates, proof of divorce or dissolution of marriage and death certificates.
Documents issued by the Government:
- Copies of documents issued by the Department of Homeland Security (DHS) or the former Immigration and Naturalization Service.
Tax, criminal and child support records:
- Documents reflecting the payment of taxes during your physical presence in the United States.
- Your criminal history, including all conviction records.
- Proof of child support payments.
Not all of these documents are absolutely necessary to achieve a positive resolution. But the more you can include, the better your chances are.
Remember:
- The Immigration Judge may request additional records related to your cancellation of removal application.
- Have the original supporting documents available for inspection at the hearing and submit reproductions if you wish to keep the originals.
Fight for your place in the country you call home. Our cancellation of removal services provide the support and advocacy you need to fight removal proceedings. Contact us today at (770) 343-4821 and claim your rightful stay.
Test Charge
It is your responsibility to provide evidence demonstrating that you meet all of the legal requirements for cancellation of removal under section 240A(b) of the INA and that you deserve discretionary relief. Provide detailed and complete answers in the application, attaching supporting documents proving your eligibility.
Positive factors
The following factors may strengthen your cancellation of removal case:
- Strong family ties in the U.S.
- Long-term residency in the U.S.
- Deportation would cause hardship to you or your immediate family.
- Service in the U.S. Armed Forces.
- Extensive and positive work history
- Ownership of assets or significant business ties in the U.S.
- Proven track record of community service
- Rehabilitation (if you have a criminal record)
- Evidence of good moral character
Negative factors
Conversely, the presence of any of the following factors on your 42B immigration Form may weaken your case:
- The nature and circumstances of the grounds for deportation
- Other immigration law violations
- Criminal record, especially if the crimes are serious or recent
- Any other evidence indicating bad character.
Don’t let deportation separate your family. Our cancellation of removal services provide a lifeline to preserve unity and ensure a better future together. Contact us today at (770) 343-4821 and let us guide you through this difficult time.
Biometric and biographic information
Applicants over 14 years of age must meet the biometric and biographic information requirements. The government agency will provide you with instructions on how to complete this process.
A written notice will inform you of the location, date and time of the appointment. Be sure to comply with the requirements on time, otherwise, the application may be delayed or dismissed by the Immigration Court.
Rates
Prior to filing the 42B Immigration Form with the Immigration Court, payment of the filing fee and biometrics fee to the Department of Homeland Security is required. It is necessary to include with Immigration Form 42B proof of payment, along with a copy of the DHS, USCIS ASC notification of the fee receipt, and biometrics appointment instructions.
These fees are non-refundable, regardless of the outcome of the application. Carefully review the notice, instructions and application. If you are unable to pay the filing fee, request a fee waiver from the Immigration Judge. Do not send cash; all fees must be submitted for the exact amount.
Accepted forms of payment include personal checks, cashier’s checks, certified bank checks, international bank money orders or foreign drafts. These payments must be drawn from a financial institution in the United States and payable in U.S. currency to the Department of Homeland Security.
Are you facing removal proceedings? Our cancellation of removal services offer strategic legal solutions tailored to your case. Trust our experienced attorneys to fight passionately for your rights and keep you where you belong.
What steps should I take to file my 42B immigration Form?
Step 1 – Biometric and biographic information
Before filing, follow the DHS instructions for providing biometrics and biographic information to USCIS. Please also refer to the instructions for payment of application fees.
Step 2 – Submitting Documentation
You must then submit the following documents already mentioned:
– A copy of your Immigration Form 42B, Application for Cancellation of Removal, with all supporting documents and additional sheets;
– A copy of the USCIS ASC fee payment receipt and biometric appointment instructions;
– The G-325A biographical information form;
– A photograph of you.
Step 3 – Filing with the Immigration Court
As a final step, you must file the following documents with the appropriate Immigration Court:
– 42B Immigration Form with all supporting documents and additional sheets;
– A copy of the USCIS ASC notice of receipt of fees and biometric appointment instructions;
– A copy of the Biographical Information Form G-325A;
– A photograph of you;
– The complete certificate showing service of these ICE documents, unless service is made on the record at the hearing.
Do you have doubts about what are the right steps to follow? Call our offices and tell us about your case. Our team of qualified lawyers will assist and accompany you every step of the way.
What is the duration of my visa once the 42B Immigration Form is approved?
Once the 42B immigration Form is approved, you will be granted permanent residency. Once granted, they will maintain this status indefinitely, as long as they do not violate the rules of U.S. permanent residency.
Can I renew a cancellation of removal?
Once your cancellation of removal is approved, you do not need to renew it. Your resident status will not expire as long as you continue to meet the eligibility conditions for permanent residence as stated in your application. However, the green card (or proof of permanent residence) expires every 10 years, and it is recommended to renew it 6 months before the expiration date.
What is continuous presence?
Continuous presence is a key factor in determining eligibility for cancellation of removal. Once immigrants enter the U.S., a “clock” begins to accumulate their time of stay. This applies even in the case of short trips abroad, as long as they do not exceed 90 days. Green card holders must have accumulated at least 10 years of continuous physical presence in the country to be eligible for this benefit.
What is good moral character?
Good moral character is measured by the standards of average citizens in the applicant’s community. Although the determination of good moral character is within the discretion of an immigration judge, the INA sets certain limits, including:
– False testimony or fraud.
– Alcoholism.
– Conviction of a felony for 2 years or an aggravated felony.
– Engaging in illegal gambling, genocide, acts of torture or persecution
What is an exceptional or unusual difficulty?
An “exceptional” or “unusual” hardship refers to a significant hardship that a spouse, parent or child would suffer if deportation were to occur. It is generally related to the well-being of the person, especially in terms of health.
Do not face deportation alone. Our cancellation of removal services offer you expertise and support to fight for your future. Contact us today and secure your stay in the country you call home.
File your 42B immigration Form with the help of a specialist.
Embark on your journey to a better future in the United States with Urbina Immigration Law by your side. Our dedicated team of experienced attorneys specializes in cancellation of removal cases and will provide you with personalized guidance and strong representation.
Navigating the complexities of the immigration system can be overwhelming. Don’t face it alone – let us guide you to a better future. With our experience, you can feel confident that your rights are protected. Take the crucial step to secure your stay in the US. Contact our offices today and let us fight for your immigration goals, helping you build a better tomorrow.
Sources:
Department of Justice – Form 42B
USCIS – Cancellation of Removal
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