Navigating the complexities of immigration law can be overwhelming, especially when facing the prospect of deportation. At Calderon Legal Group, we specialize in helping clients overcome their immigration issues, and we are here to guide you through the intricacies of Cancellation of Removal, specifically under sections 42A and 42B.

Understanding Cancellation of Removal:
You may have heard that if you’ve been residing in the United States for a decade, possess no criminal convictions, maintain gainful employment, and have been diligently paying taxes, you may be eligible to apply for a green card. This avenue, known as “cancellation of removal for non-permanent residents,” allows individuals who have been in the U.S. for ten years to seek lawful permanent residency.

Important Considerations
 While the prospect of obtaining a green card through cancellation of removal is promising, meeting the stringent standards and requirements for approval can be challenging. Unfortunately, this form of relief is limited and is typically available in specific cases.

If you are facing deportation, time is of the essence. Reach out to us today to discuss your situation with a dedicated deportation attorney in Houston who can provide timely assistance.

Cancellation of Removal Process
Cancellation of removal serves as a mechanism to avoid deportation or removal. To be eligible, you must have an open deportation or removal case in Immigration Court before an Immigration Judge. It’s crucial to have a scheduled date for your appearance in Immigration Court to apply for cancellation of removal.

The process involves filing Form EOIR-42A for permanent residents and Form EOIR-42B for nonpermanent residents. Additionally, Form I-765 for Employment Authorization may be filed in certain cases.

Eligibility Criteria:
To qualify for cancellation of removal, you must demonstrate the following:

1. Ten-Year Residence in the U.S: Prove continuous presence in the country for ten years.
2. Good Moral Character: Maintain good moral character during the ten-year period.
3. Family Ties in the U.S: Provide proof of a parent, child, or spouse in the U.S. who is a resident alien or citizen.
4. No Deportation-Eligible Convictions: Avoid criminal offenses that make you deportable.
5. Exceptional & Extremely Unusual Hardship: Establish that deportation would cause exceptional and extremely unusual hardship to yourself or family members.

The first four criteria are considered prerequisites and are assessed in preliminary hearings, while the fifth requirement is determined in an individual trial setting.

Cancellation of Removal for Permanent Residents:
Lawful permanent residents (LPR) can seek cancellation of removal under specific conditions, including no aggravated felony convictions, maintaining LPR status for at least 5 years, and continuous residence in the U.S. for at least 7 years after lawful admission.

Cancellation of Removal for Undocumented Immigrants
Undocumented immigrants may be eligible for cancellation of removal if they meet criteria such as a continuous 10-year presence, good moral character, qualifying family ties, and no convictions under specific sections of the INA.

Ineligibility Under INA:
Certain circumstances, such as previous relief under INA laws, entry as a crewman after June 30, 1964, or inadmissibility or deportability under INA regulations, may render individuals ineligible for cancellation of removal.

Seeking Legal Assistance:
Proving “exceptional and extremely unusual hardship” is challenging, and the success of your case depends on various factors. Having an experienced immigration attorney by your side is crucial for a successful application.

At Calderon Legal Group, we have been assisting individuals in Houston for over 5 years. Our legal team possesses the skills and resources needed to navigate the intricate process of cancellation of removal. Let us fight for you—call (832) 261-5500 to speak with a Houston immigration lawyer today.