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Does he qualify for 42B cancellation of removal?

Immigration 4 views 5 answers
My friend has a pending I-881 NACARA application that doesn't have another court date until 2017. Can he apply for a 42B cancellation of removal and corresponding work permit so he can obtain a driver's license? He has one possession of marijuana (<1g) and one DWI. He would be claiming hardship to his US born children.

Attorney Answers

5
Stephen Berman ·
If he was eligible for the I-881, then he should be eligible for Cancellation as well. A controlled substance violation would disqualify a person from cancellation of removal.
0 upvotes
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
Requisite good moral character component is greatly compromised by the acquired criminal record and would be entirely discretionary depending on the judge, District Counsel and the counsel of record to prevail on that 42B.
0 upvotes
Mark Robert BarrImmigration AttorneyDenver, CO ·
If the reason behind applying for cancellation of removal is to get a work permit, why not just apply for a work permit based on the pending I-881? Someone who has applied for suspension of deportation or special rule cancellation of removal on Form I-881 is eligible to apply for work authorization. Have your friend file an I-765 (work permit application) with USCIS with proof that the I-881 NACARA application is pending with the Immigration Court (court-stamped copy of the I-881 with a copy of the hearing notice for 2017).
0 upvotes

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