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The immigration judge has discretion to grant or deny cancellation or removal applications. In determining whether cancellation is warranted, the judge may consider the length of residence in the United States, family and communities ties in the United States and community service work, among other things.
Immigration Form 42B is also known as Application for Cancellation of Removal and Adjustment of Status . This form gives eligible non-permanent residents the opportunity to apply for cancellation of removal and obtain lawful permanent resident status.
BURDEN OF PROOF. The burden of proof is on you to prove that you meet all of the statutory requirements for cancellation of removal for certain permanent resident aliens under section 240A(a) of the INA and that you are entitled to such relief as a matter of discretion.
Granting of Cancellation of Removal If an individual is a lawful permanent resident (LPR) and cancellation of removal is granted, the main consequence will be a reversion back to the same status they were before removal proceedings were initiated. In other words, they will become lawful permanent residents again.
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If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. You become a legal permanent resident unless you commit another crime that violates your status.
How Long Does It Take To Cancel The Deportation? The time depends on the immigration court, so it can be from a year to a year and a half. If you win the case, the alien's deportation process will end and he will no longer be deported from the country. If the case is lost, the alien will be deported immediately.
After you receive cancellation of removal, USCIS will receive a copy of your immigration file that includes the order granting cancellation of removal. You should wait three days before scheduling the InfoPass appointment so that USCIS can review your file and request any additional information that may be needed.