07/2023
Eoir 42b visa availability for FY 2019
- Thread starter Rodasaspen
- Start date
Rocky_Balboa
Member
Talk to your lawyer but I will share my own experience which is very similar to yours (this is not an advise).
Once your child turns 21, you can file for a i130 which is (petition for alien relative). As of today, it takes roughly 10 to 15 months to get approved. Once approved, you can file another I485 (you cannot use the same one you used for your 42b- cancellation of removal). That alone will take another 12-14 months and you need to go back to court to ask the judge to cancel you 42b process based on an approved i130 (in my case, my lawyer said it would add another 3 months to speak with the judge).
He recommended me to keep my 42b case active until the approval of I130 since things are very weird with immigration now and to avoid problems.
Long story short, he told me to stay quiet with my current process because I would have to spend another 12k in fees (lawyer and uscis - me and my spouse) and I would probably save 12 months if all that.
Now... Here comes my opinion. If I could go back in time, probably I would go forward and start the i130. Maybe look for a lawyer that can file the papers for cheaper.
My verbal approval was Feb/2022 and my child turned 21 in 2023. It seems that every year is taking longer and longer and by filling a I130, at least you'd would have a solid plan B in place.
Keep in mint that my situation has happened in 2023 and maybe things are different now. Talk to a good lawyer.
I received the same advice from my lawyer and he told me that I will need a consular process too.
In which state are you?
Thank you so much very good information.My lawyer asking me 15k for i130 filing.
Today I spoke with court employee for my case decision,She said When it’s visa number available we will notify you. I ask her when is the visa number available then she said it’s take some time. I am also filed motion to expedite my case because My daughter going to turn 21 this month.
My final hearing was May 2022 NY.
Thank you.praying for everyone …Hope for the best.
What is consular process?
When you have to travel to the american embassy in your country for an interview visa after to obtain the 601A perdon
May2022 NY
Tbakx
Member
The thing is if you are in deportation proceedings, any I130/I485 would be denied do to it specifically asking if you are or have been in deportation proceedings. Years past the Court would need to dismiss your case if they deemed the adjustment of status process would be a viable option, but this administration is not dismissing cases and is even reopening cases that were dismissed or cases in which people are already citizens or LPRs and trying to take away their status. In most cases its best to keep the COR case since EOIR can supercede DHS.
As far as I know, only parents and spouses are eligible to apply for a 601A waiver, while children can only file Form I-130, not Form I-601A. Additionally, for parents applying for a 601A waiver, the beneficiary must be unmarried. Please consult your lawyer for specific details.
But it will be difficult for someone who entered the USA illegally. Getting the i130 approved is the easy part but getting the i485 approved is the hardest part. This is why most of the ppl had to use 42b in court. Unless you came here with the visa.
Presidential Proclamation 10998 (effective January 1, 2026) significantly impacts 42b (presumably referencing 8 U.S.C. § 1182(f), the authority for Presidential travel bans, or specific immigration processing) by suspending entry for nationals of 39+ countries, causing U.S. Citizenship and Immigration Services (USCIS) to hold, pause, and re-review pending benefit applications for affected individuals
.
Key Effects of PP 10998 on Immigration Processes:
The proclamation effectively freezes the finalization of immigration benefits for those listed, meaning even if a case has been processed, a final, favorable adjudication (like green card approval) is unlikely until the policy is lifted or a waiver is granted.
I called my layer today and asked if there has been any approval this year and she said no. I was looking online and found this about 42B.
.
Key Effects of PP 10998 on Immigration Processes:
- Adjudication Holds: USCIS is placing a hold on all pending benefit requests (including adjustments of status, which may be related to 42b/42a contexts) for nationals of the designated countries.
- Re-Review of Approvals: Benefit requests approved on or after January 20, 2021, for individuals from these high-risk countries are subject to re-review.
- Visa Issuance Halt: The Department of State has halted, or is in the process of halting, immigrant visa issuance for nationals from 75 countries (building on 10998).
- Increased Scrutiny & Delays: Impacted individuals face secondary inspection, extended questioning, and potential refusal of admission or parole.
- Exceptions: Limited case-by-case waivers may exist for specific national interest exceptions, such as for certain adoptions.
The proclamation effectively freezes the finalization of immigration benefits for those listed, meaning even if a case has been processed, a final, favorable adjudication (like green card approval) is unlikely until the policy is lifted or a waiver is granted.
I called my layer today and asked if there has been any approval this year and she said no. I was looking online and found this about 42B.
This is so sad, but if you are not part of the 75 countries in the suspending list I think you are ok?? I am right ??
presidential proclamation does NOT freeze, pause, or block 42B cancellation of removal approvals.
Why the statement doesn’t apply to 42B
42B Cancellation of Removal is:
• A court-granted benefit
• Decided by an Immigration Judge (EOIR) or the BIA
• For people already inside the U.S.
• Not visa-based
• Not dependent on consular processing
• Not controlled by USCIS adjudications
Presidential proclamations affect:
• Entry into the U.S.
• Visa issuance abroad
• Certain executive-branch agencies (USCIS/DOS)
They do not override immigration judges or suspend statutory relief like 42B.
What actually happens in a 42B case
If a judge grants 42B:
1. Removal is canceled
2. You become a lawful permanent resident
3. USCIS later issues the green card as a ministerial step
4. A proclamation cannot stop that grant
There is no “finalization freeze” tied to proclamations for 42B.
When delays can happen (but not because of proclamations)
Delays in 42B cases usually come from:
• EOIR court backlogs
• Judge reassignment
• BIA certification
• USCIS card production delays
• Background checks
Not presidential proclamations.
The only narrow exception (rare)
If someone had:
• Certain national security bars
• Terrorism-related inadmissibility
• Statutory ineligibility under INA 240A(b)
Those are law-based, not proclamation-based — and they would have been raised during the court case, not after approval.
Bottom line
•
The claim is false for 42B cancellation of removal•
A granted 42B cannot be frozen by a proclamation•
Only Congress or the courts could change that — not the President aloneIf you want, you can tell me:
• Has the judge already granted 42B?
thank you for your answer. where did you get it from? every way I ask google it gives me a opposite answer. Please don't take me wrong I want your answer to be right I just wanna make sure. I asked my lawyer but she did not get back to me yet so I hope you are right.presidential proclamation does NOT freeze, pause, or block 42B cancellation of removal approvals.
Why the statement doesn’t apply to 42B
42B Cancellation of Removal is:
• A court-granted benefit
• Decided by an Immigration Judge (EOIR) or the BIA
• For people already inside the U.S.
• Not visa-based
• Not dependent on consular processing
• Not controlled by USCIS adjudications
Presidential proclamations affect:
• Entry into the U.S.
• Visa issuance abroad
• Certain executive-branch agencies (USCIS/DOS)
They do not override immigration judges or suspend statutory relief like 42B.
What actually happens in a 42B case
If a judge grants 42B:
1. Removal is canceled
2. You become a lawful permanent resident
3. USCIS later issues the green card as a ministerial step
4. A proclamation cannot stop that grant
There is no “finalization freeze” tied to proclamations for 42B.
When delays can happen (but not because of proclamations)
Delays in 42B cases usually come from:
• EOIR court backlogs
• Judge reassignment
• BIA certification
• USCIS card production delays
• Background checks
Not presidential proclamations.
The only narrow exception (rare)
If someone had:
• Certain national security bars
• Terrorism-related inadmissibility
• Statutory ineligibility under INA 240A(b)
Those are law-based, not proclamation-based — and they would have been raised during the court case, not after approval.
Bottom line
•
•
•
If you want, you can tell me:
• Has the judge already granted 42B?
I did email my lawyer and this was her response
“Your grant of cancellation of removal is from EOIR and not USCIS and should not be impacted, but we will wait to see.”
I guess we will just wait and see what happens. There has been a lot of misleading information out there. Can’t even till which is true. I did get my info from Chat GPT.
Hopefully it continues Kami this !!presidential proclamation does NOT freeze, pause, or block 42B cancellation of removal approvals.
Why the statement doesn’t apply to 42B
42B Cancellation of Removal is:
• A court-granted benefit
• Decided by an Immigration Judge (EOIR) or the BIA
• For people already inside the U.S.
• Not visa-based
• Not dependent on consular processing
• Not controlled by USCIS adjudications
Presidential proclamations affect:
• Entry into the U.S.
• Visa issuance abroad
• Certain executive-branch agencies (USCIS/DOS)
They do not override immigration judges or suspend statutory relief like 42B.
What actually happens in a 42B case
If a judge grants 42B:
1. Removal is canceled
2. You become a lawful permanent resident
3. USCIS later issues the green card as a ministerial step
4. A proclamation cannot stop that grant
There is no “finalization freeze” tied to proclamations for 42B.
When delays can happen (but not because of proclamations)
Delays in 42B cases usually come from:
• EOIR court backlogs
• Judge reassignment
• BIA certification
• USCIS card production delays
• Background checks
Not presidential proclamations.
The only narrow exception (rare)
If someone had:
• Certain national security bars
• Terrorism-related inadmissibility
• Statutory ineligibility under INA 240A(b)
Those are law-based, not proclamation-based — and they would have been raised during the court case, not after approval.
Bottom line
•
•
•
If you want, you can tell me:
• Has the judge already granted 42B?