December 28, 2019
Three Year Cancellation of Removal for NonLegal Permanent Residents – E42b – 3 Year Vawa Cancellation of Removal
There are two types of Cancellation of Removal (E42b) that a person can apply for in Immigration Court (Executive Office for Immigration Review): 3 year VAWA Cancellation of Removal and 10 year Cancellation of Removal.
This form of relief is sometimes referred to as E42b. It’s applied for on EOIR Form E42b and can only be filed if you are going to Immigration Court.
What are the requirements:
- That you are before the Immigration Court in Proceedings.
- That you have been in the United States for 3 years continuously.
- That you have been battered or subjected to extreme cruelty by your United States Citizen/Legal Permanent Resident Spouse or parent / OR / you are the parent of an United States Citizen Or Legal Permanent Resident and the child has been battered or subjected to extreme cruelty by their United States Citizen/Legal Permanent Resident parent.
- 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
- You are a child whose removal would result in extreme hardship to you or your parent; and
- You are deserving of the favorable exercise of discretion from the Immigration Judge.
- The immigration judge will look at whether or not you are inadmissible and whether you are a person of good moral character.
Differences with 10 year cancellation of removal (E42b) for nonlegal permanent residents:
- For 10 year cancellation of removal (E42b), you must prove continuous presence for a period of 10 years vs. 3 years.
- Your removal would result in exceptional and extreme hardship on your United States Citizen/Legal Permanent Resident Spouse, Child or Parent. THE HARDSHIP STANDARD IS MUCH HARDER TO MEET WITH 10 YEAR CANCELLATION OF REMOVAL (E42B). The judge may not consider how much hardship it will cause you.
3 year VAWA Cancellation of Removal is part of the Violence Against Women’s Act, but it applies to men as well.
- Maribel is undocumented and came to the attention of ICE after an immigration raid at her work. She had been living and working in the United States undocumented for 7 years. She has no criminal convictions and has no issues with admissibility. Maribel has 2 United States Citizen children and their father (Maribel’s ex-partner–Tom) is a United States Citizen. Tom was an angry man and beat Maribel, but she never reported it and she was never married to him. Tom would also subject his young children to cruelty by biting them and leaving marks, by hitting them, and at one time throwing their one month baby in a pool when he was mad at Maribel. Based on this, Maribel won her legal permanent residency in Immigration Court (EOIR) under 3 year cancellation of removal (E42b) because her children were battered and subjected to extreme cruelty by their United States Citizen father.
- Juan entered the United States 20 years ago with the hopes and dreams of a better life. He entered as a teenager and within several years he was married to a United States Citizen. They had several United States Citizen children together. Their relationship was volatile due to their age, his wife’s mental health issues, and his wife’s drug addiction. The abuse from Juan’s wife included, daily beratement, putting him down constantly, threatening to call ICE on him, threatening to get him deported, hitting him in fits of rage, and after their separation, exposing their children to drug use and severe domestic violence.Juan had several duis that were over 10 years old, possession of a fake document, giving false information to a police officer, and criminal mischief. Fortunately for Juan, the convictions were over 10 years old and these convictions did not make him inadmissible and did not disqualify him from 3 year Cancellation of Removal (E42b). Juan turned his life around and matured becoming a successful business man and became solely responsible for his children since his ex-wife was unable to care for them due to her continued drug use. Juan is eligible for 3 year VAWA Cancellation of Removal (E42b).
If you or a friend end up in Deportation Proceedings, it’s important to meet with and talk to an experienced immigration lawyer. Immigration law is complex and there are many forms of relief.