42a Cancellation of Removal Checklist
42a Cancellation of Removal Checklist
Eligibility Requirements
- Check if the individual is a lawful permanent resident.
- Confirm the individual has been physically present in the U.S. for at least 10 years.
- Verify good moral character for the past 10 years.
- Ensure the individual has not been convicted of certain crimes.
- Determine if the individual has any U.S. citizen or lawful permanent resident family members.
Documentation Requirements
- Collect proof of continuous physical presence (e.g., bills, leases).
- Gather evidence of good moral character (e.g., affidavits, police records).
- Obtain documentation of family relationships (e.g., birth certificates, marriage certificates).
- Prepare immigration history (e.g., prior applications, status changes).
- Compile any relevant court records for criminal history.
Filing Process
- Complete the application form (Form EOIR-42A).
- Prepare a personal statement explaining eligibility.
- Submit the application with all supporting documents.
- Pay any applicable filing fees.
- File within the required time frame after being placed in removal proceedings.
Hearing Preparation
- Prepare for the individual’s hearing with an immigration judge.
- Review all submitted documents and evidence.
- Practice potential questions and responses for the hearing.
- Consider retaining an immigration attorney for representation.
- Gather character witnesses, if applicable, to testify at the hearing.
Post-Hearing Steps
- Await the judge's decision on cancellation of removal.
- Prepare for possible appeal if the decision is unfavorable.
- Monitor status and comply with any additional requests from immigration authorities.
- Consider applying for adjustment of status if granted cancellation.
- Stay informed about changes to immigration laws that may affect future status.
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