Form EOIR-42B. Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
The EOIR-42B form, titled "Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents," is a critical document within the U.S. immigration process. This form is designed for nonpermanent residents seeking relief from removal proceedings and simultaneously pursuing an adjustment of their immigration status.
Eligibility and Benefits: The EOIR-42B form offers eligible individuals the opportunity to apply for two essential benefits:
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Cancellation of Removal: Eligible applicants can request the cancellation of their removal proceedings under specific circumstances, preventing their deportation from the United States.
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Adjustment of Status: In addition to cancellation of removal, the form allows applicants to transition from nonpermanent resident status to lawful permanent resident status, commonly known as a green card holder.
Eligibility Criteria: To qualify for this relief, applicants must meet specific criteria detailed in the form's instructions, including:
- Demonstrating continuous physical presence in the United States for a certain period.
- Maintaining good moral character as defined by immigration law.
- Having no disqualifying convictions.
- Establishing exceptional and extremely unusual hardship to qualifying U.S. citizen or lawful permanent resident family members.
Application Process: Applicants must complete the EOIR-42B form accurately and comprehensively. Additionally, they must pay the required filing and biometrics fees. The application must comply with Department of Homeland Security (DHS) instructions for biometric and biographic information submission to USCIS. The form should also be served to the Assistant Chief Counsel for DHS, U.S. Immigration and Customs Enforcement (ICE), as specified in the application.
Ineligibility: Certain individuals are not eligible for cancellation of removal, including those who entered the U.S. as crewmen, certain exchange aliens, or individuals with specific inadmissibility or deportability grounds.
Important Considerations: Applicants should read the form's instructions carefully before completion. Seeking professional legal counsel is advisable to ensure understanding of eligibility criteria and to navigate the complex immigration process successfully.
The EOIR-42B form provides a pathway for nonpermanent residents to secure relief from removal proceedings while pursuing lawful permanent resident status. Careful completion, adherence to instructions, and the possibility of seeking legal assistance are essential for a favorable outcome.