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Ina § 240(B)(5)(C)(Ii). Cancellation of Removal 42b – Eoir form 42b Application –

How do I qualify for cancellation of removal?

To be eligible for cancellation of removal, a permanent residents must show that he/ she (1) has been a lawful permanent resident for at least five years, (2) has continuously resided in the United States for at least seven years and (3) has not been convicted of an aggravated felony.

What is 42b cancellation of removal?

Cancellation of removal for Non Permanent Residents under INA § 240A(b)(1) (“non-LPR cancellation of removal”) is a critical defense to deportation available to certain noncitizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card.

How long does it take for cancellation of removal?

How long does it take to win a Cancellation of Removal case? Currently, approximately four years for non-detained cases. If you are detained and unable to get released on bond, you may only have a few months to prepare your case.

In general

An immigration decide shall conduct proceedings for deciding the unacceptability or deportability of associate degree alien.

Charges

An alien placed in proceedings below this section could also be charged with associate degreey applicable ground of unacceptability under section 212(a) of this Act [8 U.S.C 1182(a)] or any applicable ground of deportability under section 237(a) of this Act [8 U.S.C 1227(a)] .

Exclusive procedures

Unless otherwise such as during this chapter, a continuing below this section shall be thusle the only associate degreed exclusive procedure for crucial whether or not an alien could also be admitted to the United States or, if the alien has been so admitted, far from the United States.

Nothing in this section shall have an effect on proceedings conducted consistent to section 238 of this Act [8 U.S.C 1228] .

Sec. 239. 1/ (a) Notice to Appear.- (1) In general.-In removal proceedings under section 240 , written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following: (A) The nature of the proceedings against the alien. (B) The legal authority under which the proceedings are conducted. (C) The acts or conduct alleged to be in violation of law. (D) The charges against the alien and the statutory provisions alleged to have been violated. (E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2). (F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 240 . (ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number. (iii) The consequences under section 240(b)(5) of failure to provide address and telephone information pursuant to this subparagraph. (G) (i) The time and place at which the proceedings will be held. (ii) The consequences under section 240(b)(5) of the failure, except under exceptional circumstances, to appear at such proceedings.