Removal Defense

  • EOIR 42B, Cancellation of Removal for Non-Legal Permanent Residents 

    • You may be able to apply for Cancellation of Removal on form EOIR-42B if you meet the following requirements:

      • The first is that you must have maintained a continuous physical presence in the US for ten or more years.

      • During that time, you must have been a “person of good moral character.”

      • Your removal must result in exceptional and extremely unusual hardship to a United States citizen or lawful permanent resident such as a spouse, parent, or child.

      • Lastly, you must also convince a judge that you deserve a favorable exercise of discretion.

      • The relief is very discretionary. The standard of “exceptional and extremely unusual hardship” is very hard to demonstrate unless there are elements such as a severe medical condition faced by the qualifying relative. To meet the required hardship, one must demonstrate that his or her qualifying spouse, parent, or child would suffer hardship that is substantially beyond that which would ordinarily be expected to result from the alien’s deportation.

  • EOIR 42A, Cancellation of Removal for Legal Permanent Resident

    • To have been a Legal Permanent Resident (LPR) for at least 5 years at the time the application is filed;

    • Prior to service of the Notice to Appear (NTA), or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(a)(2) of the INA, or prior to committing a security or related offense referred to in section 237(a)(4) of the INA, to have had at least 7 years continuous residence in the United States after having been lawfully admitted in any status; and

    • To have not been convicted of an aggravated felony.

  • I-589, Asylum

    • To be granted asylum, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in our immigration laws, and that the decision-maker should grant asylum as a matter of discretion. A “refugee” is any person who is outside his or her country of nationality (or, if stateless, outside the country of last habitual residence) and is unable or unwilling to return to that country because of persecution or well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

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  • Voluntary Departure

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