Cancellation of removal

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Updated: 4/13/2007 3:36 pm
You may be able to stop deportation proceedings against you through a process known as “cancellation of removal.” Cancellation of removal, formerly called “suspension of deportation,” can be granted to both permanent and non-permanent residents. In order to be eligible, you must present your case to an immigration judge or the Board of Immigration Appeals, and you must meet certain requirements. For permanent residents facing deportation, you can apply if you’ve been a lawful permanent resident for a minimum of five years, and have resided continuously in the United States for a minimum of seven years after being admitted to the United States under any status. You must also show good moral character and not be guilty of any aggravated felony or other immigration law violations. It helps if you have family or business ties in the United States, lived and worked here for a long period of time, served in the Armed Forces, or demonstrated good works in the community. To apply, you must fill out form EOIR-42A (E-O-I-R 42A) or “application for cancellation of removal for certain permanent residents.” If you’re a non-permanent resident applying for cancellation of removal, you must have been physically present in the United States for a continuous period of 10 years, and have also shown good moral character and conduct. The residency requirement is waived if you’ve served in the Armed Forces for a minimum of 24 months. Special provisions are also granted to battered spouses and children, as well as individuals who can prove that deportation will cause damages or exceptional and extremely unusual suffering to their spouses, parents, or children who are already U.S citizens or permanent residents. To apply as a non-permanent resident, fill out Form EOIR-42B (E-O-I-R 42B) and be prepared to present numerous supporting documents to the judge at your hearing, including tax receipts; school, employment, or medical records; driver’s licenses; and bank statements. Only 4,000 persons may be granted cancellation of removal in a single fiscal year. Certain crewmembers, exchange visitors who received medical training in the U.S., and individuals who have persecuted others or have committed certain criminal offenses may not be eligible for cancellation of removal.

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