Waiver or Pardons for Residents

Waiver or Pardons for Residents

How do I qualify as a resident for cancellation of removal?


To be eligible for cancellation of removal, a permanent resident must show that (1) he or she has been a lawful permanent resident for at least five years, (2) has continuously resided in the United States for at least seven years, and (3) has not been convicted of an aggravated felony.


How long does it take to cancel deportation?


How long does it take to win a cancellation of removal case?

Currently, approximately four years for non-detained cases. Very Important: If you are detained and unable to obtain bail, you may only have a few months to prepare your case.


What is EOIR Form 42-A?


To apply for cancellation of removal for lawful permanent residents, you must complete and submit Form EOIR-42A. The form asks for information about you, your family, and your time in the United States. On the form, you will need to include previous addresses and places of employment.


Who as a resident may qualify for a pardon for having been convicted of one or more criminal offenses?


Convinced by:


  • Robberies
  • Domestic Violence
  • Prostitution
  • Certain drug-related crimes
  • Other Crimes


Can I stay in the United States until my waiver is approved?


If an applicant's sole ground of inadmissibility is unlawful presence, he or she may be able to apply for a provisional waiver and remain in the United States while USCIS evaluates the application. Once this waiver is accepted, he or she must fly to the U.S. embassy in his or her home country to attend the visa interview and may return immediately after obtaining the visa. If an individual is barred from unlawful presence, as well as other grounds of inadmissibility, he or she must remain outside the United States until his or her waiver application is accepted and he or she can receive his or her visa at a U.S. consulate abroad.


Certain waivers are also available to those who are in removal proceedings in Immigration Court and facing deportation.


Can I apply for citizenship after cancellation of removal?


If a person is a lawful permanent resident (LPR) and cancellation of removal is granted, the primary consequence will be a reversion to the same status as before removal proceedings were initiated, meaning that after that, the individual can apply for naturalization.


Book a consultation with one of our attorneys if you have any other questions and also to find out if you qualify for a waiver request.