👋 Hey there!
✍️ In this post, we’ll be talking about Cancellation of Removal under Section 42B, a type of immigration relief that allows certain people who are in the United States without legal status to ask a judge to let them stay in the country for the sake of their US Citizen or Green Card holder family members, to prevent these family members from experiencing EXTREME hardship if they had to move with their undocumented relative back to the home country.
✅ To be eligible for cancellation of removal under Section 42B, a person needs to meet three criteria:
🔹 First, they must have lived in the United States for at least 10 years before they received a notice to appear in court for removal proceedings.
🔹 Second, they must show that they have been a person of good moral character during those 10 years. This means that they have not been involved in serious crimes or other bad behavior.
🔹 Third, they need to show that their removal from the United States would cause “exceptional and extremely unusual hardship” to their U.S. citizen or legal permanent resident spouse, parent, or child.
🤔 The hardest part of these cases is usually to prove to the Immigration Judge two things:
🔸 1. The extreme hardship to the US Citizen child or spouse or parent (that their medical or other special problem is so severe that it requires them to only be taken care of in the U.S.); and
🔸 2. This US Citizen relative cannot survive without the immigrant applicant in the home country.
🌎 It’s worth noting that while we’ve had a lot of success with 42B Cancellation of Removal cases at Shepelsky Law Group, in some anti-immigrant states (Georgia, Texas, Arizona, and Kentucky, for example) it is nearly impossible to win anything like this from the immigration judges. Those states have super low statistics of approval. Immigrants have a much easier life in immigration proceedings in more pro-immigrant states like New York, California and even Massachusetts.
✅ If you want to evaluate your own chances, please call us to set up your paid consultation, and we can get you on the road to your own green card after living in U.S. without status for over 10 years.
📞 For more information, or to schedule a consultation, please don’t hesitate to contact us at (718) 769-6352.
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👉 Shepelsky Law Group: Immigration Lawyers for all 50 states.