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  • Practitioner's Toolkit On Cancellation Of Removal For ... - Penn State Law

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OMB #1125-0001 U.S. Department of Justice Executive Office for Immigration Review Application for Cancellation of Removal For Certain Permanent Residents (Under Section 240A of the Immigration and.

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Related content

Document - Supreme Court of the United States
Jul 3, 2019 — Pennsylvania State Law School &. Pennsylvania Immigration Resource...
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"Practitioner's Toolkit on Cancellation of Removal...
May 16, 2016 — Created on behalf of the Pennsylvania Immigration Resource Center (PIRC)...
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An immigrant may seek cancellation of removal after ten continuous years of presence in the US. Under the stop-time rule, continuous physical presence ends either when an alien is served with a notice to appear or when they have committed certain criminal offenses.

You've been in the US for more than 10 years without long trips to your home country. Long trips are anything more than three months. You've been a good member of the community—you have what's called “good moral character.” You don't have any criminal convictions that make you ineligible to get a green card.

Under INA §240A, cancellation of removal is a discretionary form of relief, otherwise known as a waiver of deportability. If an immigrant finds himself/herself in removal proceedings, he/she may file for cancellation of removal if certain requirements are met.

Continuous presence in the US is one of the primary factors when determining whether the applicant may be granted cancellation of removal. For non-green card holders, they must have accrued continuous and physical presence in the country for at least 10 years to be eligible for relief.

The "stop-time" rule is a provision in section 240A(d) of the INA that, among other things, ends a 42B applicant's period of continued presence for purposes of 42B cancellation "when that alien is served a notice to appear under section 239(a)" of the INA.

In order to apply for cancellation of removal for lawful permanent residents, you have to complete and file form EOIR-42A. The form asks for information about you, your family, and your time in the United States. On the form, you will have to list past addresses and places of employment.

Note that all categories of cancellation of removal share a requirement for continuous residency in the United States. The stop-time rule means that the clock stops ticking once you receive a Notice to Appear. That date becomes the end date of your continuous residency.

To be eligible for cancellation of removal, a permanent resident must show that they: has been a lawful permanent resident for at least five years, has continuously resided in the United States for at least seven years, and. has not been convicted of an aggravated felony.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232