CANCELLATION OF REMOVAL – FILLING OUT YOUR APPLICATION

The judge has handed you an application for cancellation of removal, or you have downloaded the most updated form form the internet, you are ready to complete the application for legal permanent residents in immigration court. This is a form that you will submit in court to give the immigration judge and the Immigration Service information about you and your immigration history. This is not the only information that the judge is going to review when deciding whether to grant immigration benefits to your case, but it is the first document that you have to submit to the immigration court. Letters of support,  other documentary evidence and your testimony are also essential to help provide the judge with more details about you that are not in the cancellation of removal application.

In filling out the application, you must answer all questions truthfully and completely. You need to fill out the form in English, so get someone to help you if you cannot write in English.

Here are some important tips to help you fill out your application.

1. You must use a pen or typewriter to fill out the cancellation of removal application forms, do not use a pencil.
2. If you do not know the answer to a question or are not sure of the information, write that on the application form. For example, if you do not know an exact date, write “approximate,” and if you simply do not know an answer write, “I don’t know.”  If a question does not apply to you simply put “N/A” in the box, for example if you are not married and the question asks for information about your wife.
3. If there is not enough room on the cancellation of removal application form for you to answer a question completely, continue your answer on another piece of paper. This is especially important for question 16, information about all of your residences in the U.S.; question 24, information about your departures from the U.S.; question 38, information about your employment history; and question 46, information about your family (including parents, all of your brothers and sisters, all of your aunts and uncles and your grandparents, whether they are in the U.S. or outside the U.S.)
4. When you continue your answer on another piece of paper make sure you write your name and immigration identification number (A number) on every page and the number of the question that you are answering.
5. You need to make two copies of your cancellation of removal application and additional sheets to turn in to court. The original copy is for the Judge, one copy is for the Immigration Service and one copy is for you.
6. Do not sign the application form yet, you will sign it in front of the judge.

 

CANCELLATION OF REMOVAL - HOW TO ANSWER QUESTIONS ON THE APPLICATION

The LPR Cancellation application (EOIR-42A) asks many detailed questions about your life in the U.S. It can be confusing and time consuming to answer all of the questions. It is important to be as specific as possible with your answers so that the immigration judge will have all of the positive evidence to make a favorable decision on your cancellation of removal application.

These are questions to watch out for:

#14: For your current residential address, use the address for the detention center if you are currently detained.

#16: **Common mistake** For this question, you need to list the addresses where you have lived for at least the last 7 years. Start with where you lived just before being in detention. Then put where you lived before that, and then where you lived before that and continue back for at least the past 7 years. If there is not enough space, attach additional pages.

#17: This question asks the date you became a legal permanent resident and where you received your permanent resident card. If you first entered the U.S. as a legal permanent resident then you would write down the date you entered and where. If you first entered the U.S. without inspection and later applied for and received residency, put down the date you received your final residency card.

#18: If you used a different name when you entered the U.S. include that information here.

#19: For this question you should give the date that you first arrived in the U.S. This may be different than your answer to question 17 if you did not enter as a resident, but became a legal resident at a later time.

#20: Write down the place where you first arrived in the U.S.

#21: Mark here what your immigration status was when you entered the U.S. If you entered without permission, mark “entered without inspection”.

#24: **Common Mistake** This question is asking you to list all of your entries and departures from the U.S. even if it was for less than one day. If you left and came back many times for the same reason (for example, if you went to Mexico several times just for the day to go shopping or to visit family) then you can combine these trips as one and put down the reason for leaving. You may need another piece of paper to answer this question.   Please note that extended absence from the US may cut off the statutorily required residency time.

#38: For employment, begin with the job you had last before coming to detention and work backwards. If you cannot remember all of the details of your work history include whatever you can remember. Estimate earnings per week, write down at least the type of job, and include at least the city and state where you worked for each job.  This will help the judge understand that you are a hard worker and factor that in your favor for the cancellation of removal application.

#40: Make sure you list any money you may have in the bank, any land, house, car or business that you may own so that the judge can understand your economic connection with the United States.

#46: **Common Mistake** You should include ALL listed relatives (parents, brothers, sisters, aunts, uncles, and grandparents), whether they are in the U.S. or another country. If in the U.S., you should provide their immigration status (for example- U.S. citizen or legal permanent resident) and their full address (if you do not know the address then at least put the city and state where they live); if they live outside the U.S., then only put the country where they live. If necessary, continue information on additional pieces of paper.

#49: Many people do not know that they are required to notify ICE (Immigration Custom Enforcement) of any change of address after they became legal permanent residents. If you have not moved or you moved and did file a form with ICE, check “have”, if you have moved and did not file a form with the ICE check “have not”.

#50: **Common Mistake** It is important to include any and all arrests, court appearances, convictions, etc. even if the charges were dropped or dismissed. This also includes any fines or traffic violations. Even if you were only charged with one crime by the Department of Homeland Security at your first hearing, it is likely that ICE will obtain your “rap sheet” and other conviction documents before your hearing. At your hearing the attorney for the Department of Homeland Security will review your entire criminal history with the judge and may lodge additional charges against you on the Notice to Appear. It is extremely important to be honest on your application because if you do not reveal the charges now and they later come out at the hearing, the judge may think you trying to conceal your criminal conviction and can cause severe detriment to your case by reducing your credibility in immigration court.

#59: Write down any documents and letters that you are submitting with your application. Do not worry if you do not have all of your documents now, go ahead and submit your application. If you are still waiting for material to be sent to you, or if you have not yet started thinking about what to get, you can submit additional documentation later, either before or at your hearing by filing additional evidence in immigration court.

Common Questions for the Cancellation of Removal Applications

Sample Questions for Cancellation of Removal for Certain Permanent Residents §240A(a)
Have you used any aliases in the United States?

When did you first enter the United States?

How did you enter?How did you get your green card?

If the person got his green card through the Season Agricultural Program (amnistía del campo), Ask:Did you really work in the fields?

where did you work?

how much did you make a week?

how long did you work?

what did you harvest?

Have you left the U.S. since you got your green card?

How many times?

What is the longest amount of time you have spent outside of the U.S. after you got your green card?

Are you married? How old is your spouse?

If yes, does your spouse have a valid immigration status? (i.e. does she have a green card?)  If she doesn’t have a green card or is here illegally, Ask: why haven’t you adjusted for her? Has she ever asked you to adjust for her?

If not married but living with someone: why haven’t you gotten married? Have you ever made plans to marry this person that you live with? How long have you lived together? How old is she?

If married or if living (“juntado”) with someone, Ask: when did you meet her? Where did you meet her? How long did you know each other before you moved in together? Does she have children from a previous relationship?

Do you have children from a previous relationship? Who supports those children? If your wife/partner working? How much does she earn? Where does she work? Do you file taxes together?

What was the last job you had? How much were you making per week? How long were you working there? Have you ever been fired from a job? Have you ever worked in the U.S. illegally? (with a fake green card or “mica chueca”) What skills do you have? What is your level of education? Can you read and write in English?

What was the first job you had in the U.S.? Any history of unemployment? If yes, how long were you unemployed? Approximately how many years have you worked in the U.S.? Have you filed income tax returns for all the years you have worked in the U.S.? If you haven’t filed taxes, why haven’t you? Have you filed your taxes correctly? (some people have lied on their taxes)

Have you ever received public assistance? welfare? food stamps? MediCal?

Do you own a house, a car? do you have any money in the bank? Ifso, how much? (if they have property and they haven’t paid child support, it is going to look bad, bad, bad)

Do you have children? If yes, how many? please tell us when your children were born starting with the oldest? (better know when his children were born or else)For each child, be sure to ask: did you pay for the hospital expenses at the time of their birth? is your name on their birth certificate? were you present when each of them were born? why not?

Do you spend time with your children? When was the last time you saw them? spoke to them? Have you written them since you have been in custody? Did you use to live with them? Who do they live with right now? Who has legal custody of your children?

How many hours do you spend with them per week? What kinds of things do you like to do together? Do you know where they go to school? What is the name of their school? What grade are they in? How are they doing in school?

Do you provide financial support to your children? If yes, how much? how often do you make payments? is this court-ordered child support? have you even fallen behind in payments? Have your children ever received welfare? food stamps?

How do you discipline your children? Would your children come with you if you were to be deported? why not?

Have you children written you letters of support? If not, why not?

What has been your most recent offense? (ie. the offense that brought you to immigration’s attention and subsequent custody) were youconvicted? did you plead guilty or take the case to trial? were you givenprobation? have you ever violated probation? why? have you ever failed toappear? why? have you ever had a warrant issued for your arrest? ask fordetails.

If any domestic violence convictions: who was the victim of your acts? did you hit her? have you hit her before? how many times? please describe in detail how you hit her (punched? pulled? slapped? open fist? any scars left? who was there? who called the police?) do you believe you have problems with your wife? (or whoever happened to be the victim) how have you solved these problems? is she here to testify on your behalf? has she written a letter of support? why not? is she

afraid of you? is there a restraining order in effect? have you ever attended anger management classes? domestic violence classes? did you complete them? why not?
If the victim is the undocumented wife/partner, the IJ and the immigration attorney will often why he truly didn’t file for her adjustment of status.  They will insist that he didn’t file because he wanted her powerless and fully dependent so that he could abuse her and she wouldn’t leave him

If any controlled substances offenses: when was the first time you ever used any controlled substance? how old were you? what kind of substance was it? have you also tried coke? meth? pcp? crack? crank? marijuana? what is your drug of choice? do you drink and use drugs at the same time? have you ever driven while under the influence of a controlled substance? approximately how many times? how much do you use per week? where do you use it? does your wife know you use it? does she use with you? do your children know you use it? have they seen you use it? where do you get your drugs? when was the last time you used it? have you ever attended any drug rehab course? have you completed any course?

have you used drugs after completing the course? are you addicted to drugs? how do you plan on addressing your addiction? what have you done so far to address it?

If here for DUI: what is your beverage of choice? how often do you drink? who do you drink with? how does drinking make you feel? about how many times have you driven while intoxicated? do you have a problem with alcohol? are you an alcoholic? do you ever drink and drive with anyone else in the car? have you ever gotten into a car accident? if yes, ask for all kinds of details.  Do you feel there is anything wrong with drinking and driving? why should you not drink and drive? how do we know you will not drink and drive again? have you attended any programs?

What if anything have you learned from the rehab courses you have attended? Do you feel that you still have a problem with violence? drugs? alcohol? How do we know that you are not going to make the same mistakes again? What plans do you have for the future?

Immigration Attorney Assistance with Cancellation of Removal

To retain my office to represent you in immigration court for cancellation of removal, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.