If you are living in Florida and are in the process of being removed from the United States, there are certain things you can do to put a stop to the removal proceedings. One option is to apply for a cancellation of removal.
Not everyone is eligible for a cancellation of removal, but both permanent and non-permanent residents may have a cancellation granted if they meet the listed criteria.
Cancellation of removal for permanent residents
Permanent residents, or non-citizens with green cards who are legally allowed to live in the United States, may apply for cancellation of removal by filling out Form EOIR-42A. If you are a lawful permanent resident (you have a green card), your cancellation may be granted if:
- You have been a lawful permanent resident for at least five years.
- You have lived in the United States continuously for at least seven years.
- You have no aggravated felony convictions.
Cancellation of removal for non-permanent residents
Nonpermanent residents, or foreign citizens without a green card, may be removed from the United States may also apply for cancellation of removal by filling out Form EOIR-42B. If you are a non-permanent resident, your cancellation may be granted if:
- You have been in the U.S. for at least 10 years.
- You have had good moral character for at least the past 10 years.
- You have not been convicted of certain crimes that warrant removal.
- Your removal will lead to extreme hardship for your spouse, parent, or child and your spouse, parent or child is a U.S. citizen or permanent resident.
There are also separate criteria listed for nonpermanent residents who were battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse or parent.
The idea of getting deported can be overwhelming, but if your application for cancellation of removal is successful, you may be able to obtain a green card or have your old green card restored.
