Cancellation of Removal?
By: James W. Oakley III
Did you know that 44% of the US immigrant population has been living in the US for over 10 years? (Pew Research Center, 1 Oct. 2020). Many of these individuals are not only Fathers and Mothers of children who are solely dependent upon them but also for those who were brought to the US when they were infants, knowing nothing of their country of birth.
Since 1952 Congress has grappled with the predicament for many of the immigrants here in the US and throughout the years have come forward with many adjustments to the Immigration and Nationality Act. Legislation, like cancellation of removal for certain non-permanent residents, gives a way for individuals in removal proceedings to defend themselves against deportation and remain with their family. To be successful in a request for cancellation of removal, an applicant must show that they:
● Have been physically present in the United States for a continuous period of no less than 10 years, immediately preceding the date of your application;
● Have been a person of good moral character during that ten-year period;
● Have not been convicted of an offense under 8 C.F.R. Section 1182(a)(2), 1227(a)(2), or 1227(a)(3) which describe, among others, aggravated felonies, drug-related offenses, and domestic violence;
● If removed, their spouse, parent, or child who is a US citizen or permanent resident, would suffer “exceptional and extremely unusual hardship.
You may be asking “where in the world is 8 C.F.R. Section 1182(a)(2)?” or “What's considered exceptional and extremely unusual hardship?” These are all valid questions and can often require an attorney’s hand to guide you through. Rather than making assumptions that your family qualifies under “exceptional and extremely unusual hardship” or thinking that your class B misdemeanor won’t affect your cancellation of removal, it is always best to check with your immigration attorney to be sure as there are many who don’t qualify because of seemingly simple things.
With that in mind, how do you start? First, keep in mind that cancellation of removal is exclusively for people in removal proceedings. If the government is not trying to deport you, you cannot apply. Next, you will need to schedule an appointment with a qualified attorney with immigration experience. From there the attorney will collect personal history such as past addresses, jobs, divorces, criminal history, family situation, etc. to properly fill out your application for cancellation of removal. The attorney then sends your physical application, EOIR-42B, to the Immigration courts requesting cancellation of removal.
The Form EOIR-42B has strict guidelines and must be filled out properly. Any deviation from the truth or from the information required may result in your application being denied. Avoid the hassle and make sure it gets done right the first time by seeking an immigration attorney. Here at Contigo Law we have been practicing immigration law for years and will get the job done. Contact us at 801-676-6548
Budiman, Abby, et al. “Immigrants in America: Key Charts and Facts.” Pew Research Center's Hispanic Trends Project, Pew Research Center, 1 Oct. 2020, www.pewresearch.org/hispanic/2020/08/20/facts-on-u-s-immigrants/.