Facing deportation is one of the most stressful and uncertain experiences any immigrant can go through. For lawful permanent residents (green card holders) who have built a life, family, and career in the United States, the thought of being removed from the country they call home can be devastating. Fortunately, there are legal remedies available to prevent removal and help individuals stay with their loved ones. One of the most powerful forms of relief for lawful permanent residents is 42A cancellation of removal.
Cancellation of removal under Section 240A(a) of the
Immigration and Nationality Act—commonly referred to as 42A—is a discretionary
form of relief that allows certain permanent residents to avoid deportation and
retain their green card. This legal mechanism can be a saving grace for
individuals who meet the criteria and present a compelling case to an
immigration judge. In this article, we will explore what 42A cancellation of
removal entails, who qualifies, how the process works, and why having skilled
legal representation is essential to success.
What Is 42A Cancellation of Removal?
42A cancellation of removal is a legal remedy available to
lawful permanent residents who are in removal proceedings but meet certain
eligibility requirements. Unlike asylum or other forms of relief that may be
available to non-permanent residents, 42A is specifically designed for green
card holders who have been placed in removal due to a criminal conviction or
immigration violation.
This form of relief gives the immigration judge the
authority to cancel the removal proceedings, allowing the individual to remain
in the United States as a permanent resident. It is important to understand
that 42A cancellation is not automatic and is granted only at the discretion of
the immigration judge. Therefore, presenting a well-documented and persuasive
case is crucial.
Who Is Eligible for 42A Cancellation of Removal?
To qualify for 42A
cancellation of removal, an applicant must meet several strict
eligibility requirements. First, the person must be a lawful permanent resident
of the United States. Second, they must have resided continuously in the
country for at least seven years after being admitted in any status. Third,
they must not have been convicted of an aggravated felony, which includes
certain serious criminal offenses that automatically disqualify an individual
from relief.
In addition to these statutory requirements, the applicant
must demonstrate that they deserve favorable discretion. This means showing
evidence of rehabilitation if there is a criminal record, strong family and
community ties, steady employment, and the hardship that removal would cause to
themselves and their loved ones.
It is worth noting that the “seven years of continuous
residence” must occur before the initiation of removal proceedings or the
commission of certain offenses that stop the accrual of time. This is often
referred to as the “stop-time rule,” and it can make or break a case if not
properly understood and addressed.
The Importance of Strong Legal Representation
Successfully obtaining 42A cancellation of removal is far
from simple. It involves complex legal arguments, extensive documentation, and
the ability to present a compelling narrative that convinces the judge to
exercise discretion in your favor. For this reason, hiring an experienced
immigration attorney is absolutely essential.
An attorney will evaluate your eligibility, identify any
potential obstacles—such as criminal convictions or gaps in residency—and help
you gather the necessary documentation. This can include tax returns,
employment records, letters of support from family and community members, proof
of rehabilitation, and more.
Additionally, a skilled attorney can prepare you for your
individual hearing, where you will testify before an immigration judge. This
hearing is your opportunity to tell your story, explain your circumstances, and
show why you deserve to stay in the United States. Having legal counsel by your
side during this process significantly increases your chances of a successful
outcome.
How the Process Works
Once you are in removal proceedings, your attorney can file
Form EOIR-42A along with supporting evidence to request cancellation of
removal. This form outlines your qualifications and asks the court to consider
granting you relief. Along with the form, your attorney will submit exhibits
that support your case, such as identity documents, proof of residency, and
character references.
The case will then proceed to a hearing before an
immigration judge. During this hearing, the judge will examine the evidence,
hear testimony from you and possibly witnesses, and allow the government
attorney to cross-examine you. The judge will evaluate whether you meet the
eligibility requirements and whether you deserve relief based on the totality
of circumstances.
Because cancellation of removal is discretionary, the
outcome is never guaranteed—even if you meet all the statutory criteria. That’s
why the strength of your legal argument, evidence, and overall presentation is
so critical.
What Happens if Cancellation of Removal is Granted?
If the immigration judge grants 42A cancellation of removal,
your removal proceedings will be terminated, and you will retain your status as
a lawful permanent resident. This means you will continue living and working in
the United States with your green card, and eventually, you may still apply for
U.S. citizenship if otherwise eligible.
Being granted cancellation of removal can provide immense
relief, restore stability to your life, and allow you to remain united with
your family. However, it’s important to recognize that this form of relief does
not erase past mistakes. It simply acknowledges that, in light of your full
life circumstances, you deserve a second chance.
Risks and Limitations to Be Aware Of
While 42A cancellation of removal offers a powerful remedy,
it is not without limitations. As mentioned, certain criminal convictions,
especially aggravated felonies, can make an individual ineligible. Moreover,
the relief is granted only once. If you are granted cancellation and later face
another removal proceeding, you will not be eligible again.
Additionally, being in removal proceedings can be an emotionally
and mentally draining experience. The wait for a hearing can take months or
even years, and the uncertainty can weigh heavily on families. Having an
attorney who keeps you informed and prepared throughout the process is crucial
for maintaining peace of mind and confidence.
Conclusion
When facing the possibility of deportation, lawful permanent
residents in California need to explore every available option to remain in the
country they’ve called home. 42A cancellation of removal provides a critical path
to relief for those who meet the criteria and can present a compelling case for
discretion. But the process is complex, and success requires expert legal guidance.
Working with a trusted immigration lawyer can mean the
difference between being forced to leave the United States and being granted
the opportunity to stay with your family, continue your career, and build a
better future. If you or someone you know is in removal proceedings and may be
eligible for this form of relief, don’t wait to take action.
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