REMOVAL DEFENSE: 42A + 42 B CANCELATION OF REMOVAL

REMOVAL DEFENSE: 42A + 42 B CANCELATION OF REMOVAL

At Freedom Law, LLC, we understand the challenges and uncertainties individuals face when dealing with immigration issues. One of the key areas we specialize in is Removal Defense, particularly focusing on 42A and 42B Cancellation of Removal. In this blog, we will delve into the intricacies of this process, outlining what it entails, how individuals can qualify, and the crucial steps to provide proof to support their case.

WHAT IS CANCELLATION OF REMOVAL?

Cancellation of Removal is a form of relief available to certain non-permanent residents who are in removal proceedings before an immigration judge. Under sections 42A and 42B of the Immigration and Nationality Act, individuals can apply for Cancellation of Removal to avoid deportation and maintain their lawful status in the United States.

HOW TO QUALIFY

To qualify for Cancellation of Removal under 42A, individuals must meet specific requirements, such as having been physically present in the U.S. for a continuous period of at least ten years, demonstrating good moral character, and proving that their removal would result in exceptional and extremely unusual hardship to a qualifying relative, such as a U.S. citizen or permanent resident spouse, parent, or child.

HOW TO PROVIDE PROOF

Providing compelling proof is essential when applying for Cancellation of Removal. Individuals must gather documented evidence such as

  1. Deeds, bank statements, receipts, birth records, school records, or other documents demonstrate their continuous time in the U.S. 
  2. Proof of charity or sworn statements from friends, family, or employers can be used to demonstrate good moral character. 
  3. Birth certificates, marriage certificates, proof of divorce, or death certificates demonstrate your relation to a U.S. citizen that would be harmed by your removal.
  4. Medical records and evaluations should also be presented to demonstrate the severity of the hardship that would result from their removal

Working closely with an experienced deportation attorney at Freedom Law, LLC can help individuals compile the necessary proof and present a strong case before the immigration judge.

Navigating the intricacies of Removal Defense, specifically 42A and 42B Cancellation of Removal, requires a deep understanding of the legal requirements and a strategic approach to presenting a persuasive case. If you or someone you know is facing removal proceedings and believes they may qualify for Cancellation of Removal, contact Freedom Law, LLC today. Our team of dedicated immigration attorneys in Boston is here to provide expert guidance and advocacy to help you secure a favorable outcome and protect your right to remain in the U.S.