What Happens After You File for Cancellation of Removal?

Once you file your EOIR 42B application, your case moves forward within the immigration court system. This process can be lengthy, but it's essential to understand what happens next.

The Court Hearing

After submitting your application, you will attend a master calendar hearing, where the immigration judge will review your case. If your case is accepted for consideration, you will later attend an individual merits hearing. This is when you present your evidence, call witnesses, and make your case for why you should be granted Cancellation of Removal. The government attorney will likely present arguments against your application, so being well-prepared is key.

Possible Outcomes

There are three possible outcomes:

1. Grant of Cancellation of Removal: If successful, you will be allowed to remain in the U.S. as a lawful permanent resident (Green Card holder). Your immediate family members may also benefit from your case.

2. Denial of Cancellation of Removal: If the judge denies your application, you may be ordered to leave the U.S. You can appeal this decision to the Board of Immigration Appeals (BIA) within 30 days.

3. Administrative Closure or Termination: In some cases, the court may administratively close or terminate proceedings, meaning no immediate deportation order is issued, but the case is not resolved permanently either.

Frequently Asked Questions

As you go through this process, certain questions often arise. Here are answers to some of the most common concerns.

Can I Apply for Work Authorization While My Case is Pending?

Yes, you can apply for work authorization while your EOIR 42B case is pending. This allows you to legally work in the U.S. while awaiting the decision on your case. The application is typically filed using Form I-765, and work authorization is granted at the discretion of the judge.

What Happens if My Application is Denied?

If your application for Cancellation of Removal is denied, you may appeal to the Board of Immigration Appeals (BIA). If that appeal is unsuccessful, you can consider further appeals in federal court. It’s critical to act quickly, as there are strict deadlines for filing appeals. Additionally, you may be able to explore other forms of relief or reapply under different circumstances.

Conclusion

EOIR 42B, or Cancellation of Removal, offers a potential pathway to permanent residency for those facing deportation but who have built strong connections to the U.S. over a long period of time. The process requires careful planning, detailed evidence, and a solid understanding of what constitutes extreme hardship. Navigating this process can be overwhelming, but the possibility of securing your place in the U.S. makes it a valuable option for many immigrants.

Whether you're applying for yourself or assisting a loved one, understanding the EOIR 42B process is the first step toward a successful outcome. It's strongly recommended to consult with an experienced immigration attorney who can help you navigate the complexities of immigration law and represent your case effectively in court.

Resources

• Fibi Law – Deportation Defense

• USCIS – Removal Proceedings

• Executive Office for Immigration Review (EOIR)

• Board of Immigration Appeals (BIA)