§§ 244(a), 212(c) of the Immigration and Nationality Act of 1952 (“Act”), Pub. L. No. 82-414, 66 Stat. 163,
8 U.S.C. § 1254e.
Exclusion: § 236, of the Act, 8 U.S.C. § 1226
Removal: §§ 240A(a), (b), 8 U.S.C. § 1230A(a), (b)
See: http://www.justice.gov/eoir/eoirforms/eoir42b.pdf for the instructions and forms. Please seek competent legal representation.
Two types of Cancellation of Removal that available to an alien in removal proceedings.
- Section A; for Lawful Permanent Residents: In order to request this type of cancellation of removal, an alien must demonstrate: (1) he has been an alien lawfully admitted for permanent residence status for not less than five (5) years; (2) he has resided in the United States continuously for seven (7) yeras after having been admitted in any status; (3) he has not been convicted of an “aggravated felony” as defined by the Immigration laws (See section 101(a)(43) of the Act.) [e.g., regardless of how the State Court characterized the offense, such as non-dangerous or non-aggravated, an offense may still be designated as an “aggravated felony” under Federal immigration law.
- Section B; for non-permanent resident aliens (undocumented, nonimmigrants, etc.): In order for an alien to request this type of cancellation of removal, an alien must demonstrate: (1) he has been physically present in the United States for ten (10) years preceding the date of the request; (2) he has been a person of good moral character during those ten (10) years (e.g., no criminal/immigration record); (3) he has not been convicted of an offense as described under §§ 212(a)(2) [controlled substance violations, crimes involving moral turpitude], 237(a)(2) [deportable criminal offenses], 237(a)(3) [documentary fraud]; (4) that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is a citizen of the United States or a lawful permanent resident.
- An application for Cancellation of Removal under § 240A(a) must be made on Form EOIR-42A.
- An application for Cancellation of Removal under § 240A(b) must be made on Form EOIR-42B.
- Both applications require a filing fee of $100 to be paid to the U.S. INS.
- Additionally, applicants must pay a $25 fingerprinting fee to the U.S. INS.
- Both types of applications should be submitted with a Biographic Information Form, Form G-325A and supporting documentation and exhibits to demonstrate eligibility for the requested relief.