Cancellation of Removal (42A & 42B) Attorneys In Florida
A Second Chance for Lawful and Non-Lawful Residents Facing Deportation
If you are facing removal from the United States, you may be eligible for Cancellation of Removal—a legal remedy that can allow you to stay in the U.S. and, in some cases, even obtain lawful permanent residency. At Caballero & Fernandez de Avila, P.A., we work with both lawful permanent residents (LPRs) and non-permanent residents to seek relief under this important form of immigration protection.
There are two types of cancellation of removal:
- 42A: For lawful permanent residents (green card holders)
- 42B: For individuals without lawful immigration status
Each has different eligibility requirements and standards, but both are decided by an immigration judge in removal proceedings.
Call Caballero & Fernandez de Avila, P.A. at 855-768-0997 to schedule a consultation with a lawyer today.
42A – For Lawful Permanent Residents
If you are a lawful permanent resident facing deportation due to a criminal conviction or other issue, Cancellation of Removal for LPRs (42A) may allow you to keep your green card and remain in the U.S.
To qualify under 42A, you must generally show:
- You have held a green card for at least 5 years
- You have lived in the U.S. continuously for 7 years after being admitted in any status
- You have not been convicted of an aggravated felony
- You deserve relief as a matter of discretion
We help clients present their full history and contributions to their communities, while addressing the legal grounds for removal and any criminal or immigration records. A strong, well-documented case can make a meaningful difference during your hearing.
42B – For Non-Permanent Residents
For individuals who do not have lawful immigration status, Cancellation of Removal for Non-LPRs (42B) can be a path to avoid deportation and gain permanent residency. This relief is limited and competitive, as immigration judges can only approve a set number of 42B applications each year.
To qualify under 42B, you must typically show:
- At least 10 years of continuous physical presence in the U.S.
- Good moral character during that time
- You have not been convicted of certain disqualifying offenses
- Your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, child, or parent
This type of case requires careful preparation, as the standard for hardship is high and must be supported by strong documentation and testimony.
At Caballero & Fernandez de Avila, P.A., we work closely with clients to prepare for immigration court, gather the necessary evidence, and present compelling arguments for relief—whether you’re a green card holder or someone who has lived in the U.S. for years without status.
Have Immigration Questions?
If you or a loved one needs help navigating the immigration process, call Caballero & Fernandez de Avila, P.A. 24/7 at 855-768-0997 to speak with a knowledgeable attorney.