Application For Cancellation Of Removal For Certain Permanent Residents {EOIR-42A}

OMB#ll25-0001 U.S. Department of Justice Executive Office for Immigration Review Application for Cancellation of Removal for Certain Permanent Residents ADVICE TO APPLICANT PLEASE READ CAREFULLY. FEES WILL NOT BE RETURNED. I. Permanent Resident Aliens Eligible for Cancellation of Removal: You may be eligible to have your removal cancelled under section 240A(a) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must establish in a hearing before an Immigration Judge that: A. B. You have been a permanent resident for at least five (5) years; Prior to service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(a)(2) of the INA, or prior to committing a security or related offense referred to in section 237(a)(4) of the INA; -- you have at least seven (7)years continuous residence in the United States after having been lawfully admitted in any status; and C. You have not been convicted of an aggravated felony. NOTE: If you have served on active duty in the Armed Forces of the United States for at least 24 months, you do not have to meet the requirements of continuous residence 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. II. Permanent Resident Aliens NOT Eligible for Cancellation of Removal: You are not eligible to have your removal cancelled under section 240A(a) of the INA if you: A. B. Entered the United States as a crewman after June 30, 1964; Were admitted to the United States as, or later became, a nonimmigrant exchange alien as defined in section 101(a)(15)(J) of the INA in order to receive a graduate medical education or training, regardless of whether you are subject to or have fulfilled the 2-year foreign residence requirement of section 212(e) of the INA; Were admitted to the United States as, or later became, a nonimmigrant exchange alien as defined in section 101(a)(15)(J) of the INA, other than to receive graduate medical education or training, and are subject to the 2-year foreign residence requirement of section 212(e) of the INA but have neither fulfilled nor obtained a waiver of that requirement; Are an alien who is either inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4) of the INA; Are an alien who ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual's race, religion, nationality, membership in a particular social group, or political opinion; or Are an alien who was previously granted relief under section 212(c) of the INA, or section 244(a) of the INA as such sections were in effect prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or whose removal has previously been cancelled under section 240A of the INA. Form EOIR-42A Revised July 2015 American LegalNet, Inc. www.FormsWorkFlow.com C. D. E. F. OMB#ll25-0001 U.S. Department of Justice Executive Office for Immigration Review Application for Cancellation of Removal for Certain Permanent Residents III. How Permanent Resident Aliens Can Apply for Cancellation of Removal If you believe that you have met all the requirements for cancellation of removal, you must answer all the questions on the attached Form EOIR-42A fully and accurately. You must pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to USCIS [available at http://uscis.gov]. You must also serve a copy of your application on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE) as required in the proof of service on page 7 of this application, and you must file your application with the appropriate Immigration Court. Please read the following instructions carefully before completing your application. Form EOIR-42A Revised July 2015 American LegalNet, Inc. www.FormsWorkFlow.com OMB#ll25-0001 U.S. Department of Justice Executive Office for Immigration Review Application for Cancellation of Removal for Certain Permanent Residents INSTRUCTIONS 1. PREPARATION OF APPLICATION. To apply for cancellation of removal as a permanent resident alien under section 240A(a) of the Immigration and Nationality Act (INA), you must fully and accurately answer all questions on the attached Form EOIR-42A. You must also comply with all of the instructions on this form. These instructions have the force of law. A separate application must be prepared and executed for each person applying for cancellation of removal. An application on behalf of an alien who is mentally incompetent or is a child under 14 years of age shall be executed by a parent or guardian. Your responses must be typed or printed legibly in ink. Do not leave any questions unanswered or blank. If any questions do not apply to you, write "none" or "not applicable" in the appropriate space. To the extent possible, answer all questions directly on the form. If there is insufficient room to respond fully to a question, please continue your response on an additional sheet of paper. Please indicate the number of the question being answered next to your response on the additional sheet, write your alien registration number, print your name, and sign, date, and securely attach each additional sheet to the Form EOIR-42A. 2. 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. To meet this burden, your responses to the questions on the application should be as detailed and complete as possible. You should also attach to your application any documents that demonstrate your eligibility for relief (see "SUPPORTING DOCUMENTS" below). 3. SUPPORTING DOCUMENTS. You should submit with your application copies of any documents which the Department of Homeland Security (DHS), formerly the Immigration and Naturalization Service, issued to you. You should also submit all documents related to your criminal history, including all conviction records. The Immigration Judge may require you to submit additional records relating to your request for cancellation of removal. The original of al