Everything You Need To Know About the EOIR- 42B Form

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What Is Form EOIR-42B ?

If you’ve been placed in removal proceedings as a non-permanent resident due to immigration law violations or for any other reason, you may be able to avoid deportation if the judge grants an order canceling your deportation.

Cancellation of deportation is an immigration benefit and is not granted as a matter of course. You’ll need to ask the immigration judge for it by filing certain documents in the immigration court where your removal proceedings are being held.

The EOIR-42B form is the primary document you’ll need to kick-start the process as a non-permanent resident and access this benefit. Hence, you must understand how the form works and how it could help you remain in the U.S. against the odds.

In this guide, we explain the filing procedures for the EOIR 42B and some of the requirements you’ll need to meet to succeed with the cancellation of the removal application to ensure you’re well prepared before the process begins. Keep reading to learn more.

Who Can File Form EOIR- 42B?

Form EOIR- 42B is specifically meant for non-permanent residents who meet the requirements for cancellation of removal. Under the law, there are two sets of alternative conditions that a non-permanent resident would need to meet to qualify for cancelation of removal as follows:

Alternative A

  • You must have resided continuously in the US for at least ten years before you received the Notice to Appear, which signaled the initiation of removal proceedings against you.

  • You have not been convicted of certain criminal offenses, such as crimes of moral turpitude, drug trafficking, or domestic violence.

  • Your deportation would cause exceptional and unusual hardship to your spouse, parent, or child who is a U.S. citizen or permanent resident.

  • You deserve a favorable exercise of discretion on your application.

Alternative B

  • You have suffered battery or extreme cruelty in the U.S. at the hand of your U.S. citizen or lawful permanent resident spouse/ parent, or you are the parent of a child who has suffered such treatment by the other parent who is a U.S. citizen or permanent resident.

  • Before receiving the Notice to Appear, you have stayed continuously in the US for at least three years.

  • You have been of good moral character.

  • You have not been convicted of certain criminal offenses, including crimes of moral turpitude, such as murder.

  • You have no aggravated felony conviction.

  • Your deportation will result in exceptional hardship to you or your child whose other parent is a U.S. citizen or lawful permanent resident, or you’re a child whose deportation would cause extreme hardship for you or your parent.

  • You deserve a favorable exercise of discretion on your cancellation of removal application.

As stated earlier, you do not need to meet all the above requirements to qualify for cancellation of removal. Meeting one set of alternative requirements is sufficient.

What Is the “Favorable Exercise of Discretion” Requirement?

Cancellation of removal is a discretionary order. That means the immigration judge is not mandated to issue the order in your favor even if you meet all other statutory requirements if the judge does not think you deserve it.

To meet this requirement, you’ll need to show the immigration judge through your application that the positive factors or reasons supporting your continued residence outweigh the negative factors or reasons that triggered the initiation of deportation proceedings against you.

You can consult an immigration attorney to help you understand this point further.

How To File the EOIR -42B Form

Complete the Form

To begin the cancellation of the removal application process, you’ll need to complete your form EOIR- 42B accurately and truthfully. Your responses in the form must be recorded clearly in ink. You must not leave any questions unanswered; if any portion of the form does not apply to you, write none” or “not applicable” instead of leaving the space blank.

The success of your application depends on the details you provide in your form, so you must be as detailed as possible when telling your story. That way, you are more likely to convince the immigration judge that you deserve to receive a favorable decision.

If the space provided for a specific portion is insufficient, continue answering on a separate sheet of paper. Write the number of the question being answered next to the answer, alien registration number, name, and date, and attach the additional sheet to the form.

There are other instructions attached to the form. You must follow those instructions to the letter as they have the force of law. Doing otherwise could jeopardize your application.

If you need help understanding the instructions or completing the form accurately, remember you can always ask an immigration lawyer for help.

Documents You’ll Need

To strengthen the application, you’ll need to submit certain documents that support and verify the details you included in the form. The documents needed vary but depend on the specific fact you are trying to prove.

For example, to establish a continuous presence in the country, you may need documents such as school records, church records, tax payments, and employment records. If you need to establish extreme hardship for your immediate family members, it is only natural that you provide copies of official documents that establish those family ties, such as birth or marriage certificates, before providing additional evidence that shows the nature of the hardship.

The more supporting documents submitted, the better your chances of success.

Filing the Application

Once your form is completed and you have all the documents needed, you’ll need to file them at the appropriate immigration court, usually where your deportation proceedings are taking place. You’ll need to pay a non-refundable filing fee at the point of filing.

You’ll also need to submit your biometric information to the United States Citizenship and Immigration Services (USCIS) and notify officials of the Department of Homeland Security (DHS) and Immigration and Customs Enforcement ( ICE) about your application.

Once all the preliminary issues have been sorted, you’ll need to allow time for the court to decide on your application. The time it will take for a cancellation of the removal process to conclude will depend on the case’s complexity. It will also depend on the workload of the immigration court and the immigration judge. For some, it takes months, while it takes years for others.

Regardless of the time spent, it is important to ensure that you present the court with a solid application so that the decision, whenever it comes, will be in your favor.

Contact Andrew T. Thomas, Attorneys at Law for Help 

The EOIR-42B form is the gateway to obtaining relief from deportation and continuing to live lawfully in the U.S. That’s why you must ensure that you provide the judge with all they need to decide in your favor while completing the form.

Our skilled attorneys at Andrew T. Thomas, Attorneys at Law, have offered professional legal assistance to immigrants for several years. We can help you navigate the procedure for Cancellation of Removal for Lawful Permanent Residents and non-permanent residents, depending on your unique circumstances.

Our deportation defense lawyers have represented many clients in Immigration Courts in Texas successfully. We can offer you the same quality of legal representation and do all we can to ensure that you remain in the U.S. legally.

Contact us immediately to book a consultation. Let us provide the personalized counsel and representation you need to succeed with your cancelation of deportation application.