Cancellation of Removal
Cancellation of Removal is a form of relief available to certain individuals in removal proceedings that may allow them to remain lawfully in the United States and, in some cases, obtain lawful permanent resident status. Eligibility requirements vary depending on whether the applicant is a lawful permanent resident or a nonpermanent resident.
Step 1: Determine Eligibility
Eligibility for Cancellation of Removal depends on several factors, including immigration history, criminal history, length of residence in the United States, and family relationships.
For nonpermanent residents, applicants generally must demonstrate:
Continuous physical presence in the United States for at least 10 years
Good moral character during that period
No disqualifying criminal offenses
That removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child
Lawful permanent residents facing removal may qualify under different legal standards.
Step 2: Appear in Immigration Court
Cancellation of Removal is requested as a defense during removal proceedings before the Immigration Court. The process begins after the Department of Homeland Security places the individual in removal proceedings through a Notice to Appear.
Step 3: File the Application for Relief
Eligible applicants must submit the appropriate application and supporting documentation to the Immigration Court and the government attorney. The application must include evidence demonstrating eligibility for relief.
Step 4: Gather Supporting Evidence
Strong Cancellation of Removal cases typically require extensive supporting documentation. Detailed and persuasive evidence is often essential to establishing hardship and discretionary eligibility.
Step 5: Attend Individual Hearing
At the Individual Hearing, the applicant presents testimony, witnesses, and documentary evidence before an Immigration Judge. The judge evaluates:
Statutory eligibility
Credibility
Hardship factors
Whether relief should be granted as a matter of discretion
Step 6: Receive a Decision
If the Immigration Judge grants Cancellation of Removal:
Nonpermanent residents may receive lawful permanent resident status
Lawful permanent residents may retain their green card status
If relief is denied, appellate options may still be available depending on the circumstances of the case.
Cancellation of Removal cases are among the most complex forms of relief in Immigration Court and often require substantial evidence and detailed legal analysis. Our firm works closely with clients to prepare compelling applications, document hardship thoroughly, and present strong arguments before the Immigration Court. We are committed to protecting our clients’ rights, preserving family unity, and pursuing every available form of relief from removal. Call today at (305) 709-2507 or book a consultation online to start your Cancellation of Removal process.