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How to Apply for the Cancellation of Criminal Deportation in the United States
The process of applying for the cancellation of criminal deportation in the United States is a complex and legally intricate procedure. This document aims to provide a comprehensive overview of the steps involved, the eligibility criteria, and the necessary documentation required to pursue this form of relief.
1. Understanding Cancellation of Removal
Cancellation of removal is a form of relief available to certain non-citizens who are facing deportation from the United States. It is a discretionary benefit granted by an Immigration Judge, which allows an individual to remain in the country despite having a criminal conviction. This relief is codified under the Immigration and Nationality Act (INA).
2. Eligibility Criteria
To qualify for cancellation of removal based on criminal grounds, the applicant must meet the following criteria:
– Continuous Physical Presence: The applicant must have been continuously physically present in the United States for at least 10 years prior to the application.
– Good Moral Character: The applicant must demonstrate good moral character during the 10-year period.
– No Disqualifying Offenses: The applicant must not have been convicted of certain serious criminal offenses, including aggravated felonies as defined by the INA.
– Exceptional and Extremely Unusual Hardship: The applicant must prove that their removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
3. Filing the Application
The application process involves several critical steps:
– Form EOIR-42B: The primary form used to apply for cancellation of removal is Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. This form must be completed accurately and thoroughly.
– Supporting Documentation: The applicant must submit substantial evidence to support their claim, including proof of continuous physical presence, character references, and evidence of hardship to qualifying relatives.
– Biometrics: The applicant will be required to undergo biometrics (fingerprinting) for background checks.
– Filing Fee: The application must be accompanied by the appropriate filing fee, unless a fee waiver is requested and granted.
4. Legal Representation
Given the complexity of immigration law, it is highly advisable to seek the assistance of a qualified immigration attorney. Legal representation can significantly improve the chances of a successful application by ensuring that all legal requirements are met and that the case is presented effectively.
5. The Hearing Process
Once the application is filed, the applicant will be scheduled for a hearing before an Immigration Judge. During the hearing, the applicant will have the opportunity to present their case, provide testimony, and submit evidence. The Immigration Judge will evaluate the merits of the case and make a determination based on the evidence presented.
6. Possible Outcomes
The possible outcomes of a cancellation of removal application include:
– Grant of Cancellation: If the Immigration Judge grants the application, the applicant will be allowed to remain in the United States and may be eligible for adjustment of status to lawful permanent resident.
– Denial of Cancellation: If the application is denied, the applicant may be ordered removed from the United States. In some cases, the applicant may appeal the decision to the Board of Immigration Appeals (BIA).
7. Conclusion
Applying for the cancellation of criminal deportation is a challenging and multifaceted process. It requires a thorough understanding of immigration law, meticulous preparation of documentation, and a compelling presentation of the case. Individuals seeking this form of relief should consider obtaining legal counsel to navigate the complexities of the process and to maximize their chances of a favorable outcome.
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This text provides an overview of the process and highlights the importance of legal guidance in such matters.
