What to prepare and bring to the employer as proof that you should not be deported from the United States.
If you are a legal permanent resident (LPR or green card holder) and are facing deportation due to a criminal conviction, you may be eligible for cancellation of removal for lawful permanent residents, as explained in Cancellation of Removal for Green Card Holders: Who Qualifies?
Once you (and the Immigration Judge) have determined that you match the fundamental eligibility requirements for applying for cancellation of removal for LPRs, you must apply and submit your case before the Immigration Court. The Immigration Judge will decide whether you will keep your green card or be ordered removed.
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Cancellation of Removal Application Form and Fees
To request for cancellation of removal for legal permanent residents, fill out and submit form EOIR-42A. The questionnaire inquires about you, your family, and your experience in the United States.
You must indicate previous residences and places of work on the form. It is critical to be as precise as possible. Furthermore, there are multiple yes or no questions in Part 7. Some of the questions are intended to assess eligibility for removal cancellation. Others are reasons that the judge will consider in a personal exercise of judgment. If you feel you should be able to respond “yes” to any of these questions, consult with an expert immigration lawyer before completing your application.
The filing price for form EOIR 42A is $305, plus a $85. biometrics charge (for fingerprints and associated data) as of early 2022. These costs are subject to change, so check the forms page of the US Department of Justice website for the most up-to-date fee information before submitting your application. Prior to the merits hearing in Immigration Court, all applicants above the age of 14 must attend their biometrics appointment and be fingerprinted.
Gathering Evidence to Support Your Removal Request Cancellation
As the applicant, it is your duty of evidence to establish that you are entitled and deserve cancellation of removal for legal permanent residents. You must demonstrate that you:
having continuously remained in the United States for at least seven years after being accepted in any status and before the “stop-time rule” is activated (explained more in Cancellation of Removal for Green Card Holders: Who is Eligible?)
have not been convicted of an egregious crime, have not previously obtained cancellation of removal or 212(c) relief, and deserve to win your case.
In certain circumstances, the same papers will demonstrate more than one of these traits.
Furthermore, after the government has reviewed your biometric information, it will know whether you were convicted of an aggravated crime or if you have ever been in removal proceedings. If you have a criminal record, you should get certified dispositions for all arrests to assist verify that you do not have an aggravated felony conviction (and you should obviously seek the advice of an attorney in doing so).
Providing Evidence of Continuous Residence in the U.S.
You must compile and submit documentation proof proving that you have been a legal permanent resident for at least five years and have lived in the United States for seven years in a row.
Copies of your green card, your Form I-94 Arrival/Departure document, birth certificates of children born in the United States, marriage certificates, federal income tax transcripts, leases/deeds, receipts, school records, medical records, employment records, notarized affidavits from people who know you well, and other documents can be used as evidence. Digital data, such as location records maintained inside social networking sites like Facebook or logs of journeys using ride-sharing services like Uber or Lyft, might also be useful.
Demonstrating that you are deserving of the judge’s discretion
You will also need to show a substantial amount of information to indicate that you are deserving of cancellation of removal for legal permanent residents. Once you have shown that you match the basic eligibility criteria for cancellation of removal, the bulk of the hearing will be devoted to determining whether or not you deserve to maintain your green card. The Immigration Judge has a lot of freedom in this area and will weigh the unfavourable (negative) aspects in your case against the humanitarian grounds that you submit.
When considering the unfavourable considerations, the Immigration Judge will consider the following: the nature of the underlying grounds of removal (what brought you to court), any previous immigration offenses, and any other criminal record you may have.
In terms of humanitarian factors, you will need to provide evidence of your family ties in the United States, the hardship to yourself and family members if you are deported, ties to the community, history of employment, business ties, duration in the United States (the longer the better), and proof of rehabilitation (for any crimes committed).
You could also think about having relatives and friends speak on your favor during your merits hearing.
Because cancellation of removal may only be granted once, Immigration Judges are typically liberal in granting it; but, in order to escape an Order of Removal, you must show a solid case.