By Attorney Brytania Delgado – Reyes Blum PLLC
Navigating the complexities of immigration law can be daunting, especially when facing
deportation. An important defense available is the 42B cancellation of removal for the
application of certain non-permanent residents, formally known as the 10-year application.
What is a 42B Application?
42B cancellation of removal is a form of relief available to certain individuals facing
deportation in the United States. This application can only be filed as a defense during removal
proceedings before an immigration judge, and it provides a path to permanent residency if
granted.
To qualify, applicants must demonstrate:
1. Who have lived in the U.S. for at least 10 years;
2. Possess good moral character and;
3. Showing that your removal would cause exceptional and extremely unusual hardship,
beyond the typical challenges associated with separation, to your U.S. citizen or lawful
permanent resident family members.
Why a judge can’t grant the request right away?
While it may seem logical for a judge to grant your application on the same day as the
merits hearing, this is not the case. An immigration judge cannot grant a 42B application on the
day of the merits hearing due to limitations imposed by visa availability. Specifically, the U.S.
government allocates a finite number of visas for 42B applications each year. The annual quota
of visas available for cancellation of removal under Section 240A of the Immigration and
Nationality Act is limited to 4,000.
Because of this limit, even if a judge determines that the Respondent meets all the
necessary criteria for relief, they must wait till a visa becomes available to grant relief. This
ensures that the decision-making process adheres to the rules governing immigration relief and
visa distribution, which requires a thorough review before a final order can be issued.
The situation of delays.
As of now, the immigration court system is facing a significant backlog, with some cases
taking more than two years to resolve. This delay can be frustrating, but it is essential to be
patient and proactive during this time.
Once an immigration judge “likely grants” a 42B application, the respondent will
generally not face immediate deportation, giving them a sense of relief during the waiting period
for the official order. However, it is crucial that the defendant not commit any crimes, as this
could jeopardize their case and lead to disqualification of relief.
Additionally, it is crucial that the qualifying relative, usually a U.S. citizen or lawful
permanent resident, does not reach the age of majority before the judge signs the order, as this
could affect the hardship claim. Exceeding the age means turning 21, which may disqualify the
relative from being considered in the hardship assessment, which could jeopardize the judge's
ability to sign the order granting cancellation of removal. Therefore, staying on top of these
factors is essential during the waiting process.
What to Do After the Judge Signs the Order
Once a judge signs the order granting the 42B application, you will receive your lawful
permanent resident card. After becoming a lawful permanent resident (LPR), it is important to be
aware of certain responsibilities and potential difficulties. LPRs must comply with all U.S. laws
and regulations, as any criminal activity or violation can jeopardize their status. Additionally,
maintaining continuous residency in the U.S. is crucial; extended absences may give rise to
questions about abandonment of status. It is also vital to keep your immigration documents up to
date and renew your green card as needed.
Finally, it is advisable to obtain U.S. citizenship after five years of being an LPR, as this
provides additional protections, such as the right to vote and increased security from deportation.
Becoming a U.S. citizen not only enhances your rights, but also strengthens your commitment to
the country.
Conclusion
In summary, understanding the process that follows a potential approval of a 42B
application is critical for those facing deportation. While receiving provisional approval can offer
momentary relief, it is essential to remain vigilant about the responsibilities that come with being
a lawful permanent resident. Patience and preparation are key during this waiting period, and
seeking appropriate legal advice, like that offered at Reyes Blum, PLLC, can be crucial for
securing a stable future in the United States.