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Asylum? hearing the judge ask me to file 42b and come back in 3 months for another hearing ,what is the timeline to submit

i had hearing in august. my 13years old is going through chemotherapy this is so demanding financially i cannot afford a lawyer, please do i need to submit the filings to ICE,USC COUNSEL,AND THE COURT NOW OR AFTER APPEARING BEFORE THE JUDGE . DO I NEED TO PAY $1700 NOW OR AFTER THE HEARING , DO I NEED TO DO BIOMETRIC NOW I HAVE 35 DAYS BEFORE THE FINAL HEARING , I SAW THE TERM ABANDONED IF NOT PROPERLY COMPLETED .PLEASE HELP CAN BIOMETRICS BE DONE IN THIS VERY SHORT TIME, WHAT IS THE TIMELINE TO SUBMIT TO THE COURT BEFORE THE HEARING COMING UP IN 35 DAYS, HOW MUCH IS THE BIOMETRICS FEE,

Immigration Asylum
Asked in Chicago, IL | Nov 4, 2025 | 2 answers
Answer
Carl Michael Shusterman
Carl Michael Shusterman
Immigration Attorney in Los Angeles, CA
4.8995633187773 stars
458 reviews
Rating: 10
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Posted on Nov 5

the judge ask me to file 42b and come back in 3 months for another hearing ,what is the timeline to submit

In addition to Attorney Holloway's answers to your questions, please see

https://www.avvo.com/legal-guides/ugc/winning-your-case-in-immigration-court

https://www.avvo.com/legal-guides/ugc/cancellation-of-removal-for-non-permanent-residents

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Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.

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April Ronshawn Holloway
April Ronshawn Holloway
Immigration Attorney in Washington, DC
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Posted on Nov 4

The application has a cover sheet with instructions, be sure to read that thoroughly. The 42B has to be filed with USCIS first with the filing fee and then when you get the receipt, you file the 42B application with the court with a copy of the OPLA attorney (DHS). In addition to the actual 42B application, you also need to attach evidence in support of the application. That will include proof that you have been in the United States at least ten years, proof of good moral character and proof of hardship. It sounds like you have a lot going on so you may be tempted to ignore this until the last minute but I would implore you to devote time to it now so you can secure your ability to remain in the United States with your child. If you have the ability to seek financial assistance and hire an attorney, please do so.

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