Cancellation of Removal

Cancellation of Removal is a form of immigration relief that allows certain non-citizens to avoid deportation and, in some cases, obtain lawful permanent residency (a green card). This discretionary relief is available to both lawful permanent residents (LPRs) and non-permanent residents who meet specific eligibility requirements. If you or a loved one is facing removal proceedings, our firm can help assess whether you qualify for Cancellation of Removal and develop a strong legal strategy for your case.

Types of Cancellation of Removal

There are two main categories of Cancellation of Removal:

1. Cancellation of Removal for Lawful Permanent Residents (LPRs)

This relief is available to green card holders who are in removal proceedings due to certain criminal convictions or violations of immigration law.

Eligibility Requirements

To qualify, you must:

  • Have been a lawful permanent resident (green card holder) for at least five years before the application.
  • Have resided continuously in the U.S. for at least seven years after lawful admission.
  • Have not been convicted of an aggravated felony under immigration law.
  • Demonstrate that you deserve to remain in the U.S. based on favorable factors such as family ties, employment history, and rehabilitation.

2. Cancellation of Removal for Non-Permanent Residents

This relief is available for undocumented individuals or those who lack permanent residency but have strong ties to the U.S. and face extreme hardship if deported.

Eligibility Requirements

To qualify, you must:

  • Have been physically present in the U.S. for at least 10 years before applying.
  • Have demonstrated good moral character for the 10-year period.
  • Have not been convicted of certain crimes that would make you inadmissible or removable.
  • Prove that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, child, or parent.

Filing for Cancellation of Removal

If you meet the eligibility requirements, you must apply for Cancellation of Removal in immigration court as part of your removal proceedings. The process includes:

1. Master Calendar Hearing

  • Your first hearing before an immigration judge, where you confirm your intent to apply for Cancellation of Removal.
  • You or your attorney will notify the court and file the necessary documents.

3. Individual Merits Hearing

  • A full court hearing where you will testify, present evidence, and answer questions from the judge and the government attorney.
  • Witnesses may provide testimony on your behalf.

2. Submission of Evidence & Supporting Documents

You must provide detailed documentation proving your eligibility, such as:

    • Proof of residence (rent payments, bills, tax records, employment records).
    • Family relationships (birth certificates, marriage licenses, affidavits from family members).
    • Evidence of hardship to qualifying family members (medical records, financial statements, expert testimony).
    • Criminal background checks and proof of rehabilitation (if applicable).

4. Judge’s Decision

  • The immigration judge will determine whether you meet the legal criteria and if you deserve relief based on the circumstances of your case.
  • If approved, you may receive permanent residency (for LPRs) or be allowed to remain in the U.S. (for non-LPRs).
  • If denied, you may have the option to appeal the decision to the Board of Immigration Appeals (BIA).

 

Challenges & Considerations

Limited Approvals

Cancellation of Removal for non-permanent residents is subject to an annual cap of 4,000 approvals nationwide per year, making competition for relief highly competitive.

Criminal Convictions & Inadmissibility

Some criminal convictions can make you ineligible for Cancellation of Removal. Our attorneys assess whether waivers or other forms of relief may be available.

Judge’s Discretion

Even if you meet the legal requirements, the immigration judge has broad discretion to grant or deny relief based on the merits of your case.

Appeals & Motions to Reopen

If your application is denied, we can help you file an appeal or a motion to reopen your case if new evidence becomes available.

How Our Firm Can Help

Case Evaluation

We assess your eligibility for Cancellation of Removal and explore all available legal options.

Representation in Immigration Court

We provide legal advocacy during hearings and ensure your case is properly presented.

Evidence Preparation

Our attorneys compile and submit the strongest possible documentation to support your claim.

Hardship Demonstration

We work with experts, including medical professionals and financial analysts, to provide evidence of the extreme hardship your removal would cause.

Appeals & Post-Decision Support

If your case is denied, we help you navigate the appeals process and explore other potential relief options.

 

Protect Your Future – Contact Us Today

If you are facing deportation or removal proceedings, seeking Cancellation of Removal may be your best option to remain in the U.S. Our experienced immigration attorneys are ready to guide you through this complex process and fight for your right to stay.

Schedule a consultation today to discuss your case.

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