Form Eoir-42b - Application For Cancellation Of Removal And Adjustment Of Status For Certain Nonpermanent Residents

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U.S. Department of Justice
Application for Cancellation of Removal and Adjustment
Executive Office for Immigration Review
of Status for Certain Nonpermanent Residents
ADVICE TO APPLICANT
PLEASE READ CAREFULLY. FEES WILL NOT BE RETURNED.
Aliens Eligible for Cancellation of Removal: You may be eligible to have your removal cancelled under
I.
section 240A(b) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must estab-
lish in a hearing before an Immigration Judge that:
1.
Prior to the service of the Notice to Appear, you have maintained continuous physical presence
A.
in the United States for ten (10) years or more, and you have been a person of good moral char-
acter as defined in section 101(f) of the INA during such period;
2.
You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or
237(a)(3) of the INA; and
3.
Your removal would result in exceptional and extremely unusual hardship to your United States
citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable
exercise of discretion on your application.
OR
1.
You have been battered or subjected to extreme cruelty in the United States by your United States
B.
citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United
States citizen or lawful permanent resident and the child has been battered or subjected to extreme
cruelty in the United States by such citizen or lawful permanent resident parent;
2.
Prior to the service of the Notice to Appear, you have maintained continuous physical presence
in the United States for three (3) years or more and you have been a person of good moral char-
acter as defined in section 101(f) of the INA during such period;
3.
You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable
under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of
an aggravated felony as defined under the INA;
4.
a. Your removal would result in extreme hardship to you or your child who is the child of a United
States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and
5.
You are deserving of a favorable exercise of discretion on your application.
If you have served on active duty in the Armed Forces of the United States for at least 24 months,
Note:
you do not have to meet the requirements of continuous physical presence in the United States.
You must, however, have been in the United States when you entered the Armed Forces. If you
are no longer in the Armed Forces, you must have been separated under honorable conditions.
Aliens NOT Eligible for Cancellation of Removal: You are not eligible for cancellation of removal under
II.
section 240A(b)(1) of the INA if you:
Entered the United States as a crewman after June 30, 1964;
A.
Form EOIR-42B
Revised July 2014

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