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What is Cancellation of Removal?

During deportation proceedings, a type of immigration relief for individuals is available, known as Cancellation of Removal. Here we will discuss two types of Cancellation of Removal (42A and 42B), when they are used and what is required for each one. These are two very common forms of deportation defense, and are used to stop deportation.

Cancellation of Removal 42A - for Lawful Permanent Resident (LPR) Aliens

You must appear before an Immigration Judge and establish the following information about yourself:

  • Your permanent residency status has been at least 5 years;
  • Prior to any Notice to Appear, criminal or security-related offenses you must have had 7 years of continuous residency status once lawfully admitted under any status;
  • You have no convictions of aggravated felony.

Cancellation of Removal 42B - For Those Without Legal Status in the United States

Individuals that live in the United States without lawful immigration status can apply to have their status adjusted to a Lawful Permanent Resident if the following requirements are met:

  • 10 years of physical, continuous presence in the US prior to receiving a Notice to Appear;
  • A determination that, for 10 years, they have been a person of good moral character;
  • No convictions for a criminal offense involving moral turpitude;
  • Removal of the individual would cause extreme hardship to a US citizen or lawful permanent resident immediate family member.

Filing for either forms of cancellation of removal requires a skilled immigration lawyer who understands deportation defense. Contact our office today for a free consultation.