Getting a Green Card After Getting Cancellation of Removal
Some foreign nationals are able to successfully defend against removal in immigration court by getting a form of relief known as cancellation of removal. This means that the foreign national will become a legal permanent resident of the U.S. They will need to get their green card (I-551) to provide proof of their status, which will be important if they are getting a job or seeking benefits, as well as in other situations. This involves completing certain steps, which are discussed here. If you complete the steps properly, you should get your green card within about two or three weeks after your InfoPass appointment or any additional biometrics appointment that may be required.
You should receive a copy of the final order approving cancellation of removal and adjustment of status. It will contain a checked box stating that you are being granted relief under Form EOIR-42B. The government attorney will give you instructions for making an InfoPass appointment at USCIS, which is necessary to get a green card.
An individual granted a green card after cancellation of removal may still need to wait (often for years) before receiving their green card, since there is a limit on how many approvals of cancellation of removal cases judges may grant per year.
Preparing for the InfoPass Appointment
You should be aware that EOIR, which operates the immigration court system, is a separate agency from USCIS. Thus, you will need to tell USCIS that you are eligible for a green card and will need documentation to prove your legal status. After you receive cancellation of removal, USCIS will receive a copy of your immigration file that includes the order granting cancellation of removal. You should wait three days before scheduling the InfoPass appointment so that USCIS can review your file and request any additional information that may be needed. This will make the process more efficient when you arrive for the appointment.
Going Through the InfoPass Appointment
You should make sure to bring the original copy of the final order from the immigration judge to the appointment, as well as copies. You should keep a copy for your own records as well. USCIS will need to verify your identity, so you should bring a passport, a driver’s license, an Employment Authorization Document, or any other photo ID. The officer will want to collect certain biographical information as well, such as your name and address. You should write your full name as it should appear on your green card, even if it is different from the name in your court documents. If you have moved since your last court hearing, or if you are planning to move, you should make sure to provide USCIS with the correct address to which to send the green card.
If your most recent set of biometrics is not current, USCIS will collect your fingerprints or set up a biometrics appointment.
After completing the InfoPass appointment, USCIS will order your green card from a card-making facility and mail it to you. They will give you a tracking number, which will be important to check its delivery status.