Facing deportation is every immigrant’s worst nightmare. Cancellation of removal is a legal way to stop deportation and gain lawful status. However, there are strict requirements to request for cancellation of removal, and strong evidence is needed to succeed.
We highly advise individuals to partner with an immigration lawyer who has handled cancellation of removal cases.
The Immigration and Nationality Act (INA) states that any immigrant who violates criminal or immigration law is subject to deportation. These include marriage fraud and violating the terms of a visa.
Cancellation of removal is a defense s that fights deportation. It is available for both lawful permanent residents (LPRs) and non-permanent residents. Each group has different eligibility rules.
Applications are typically filed in immigration court during removal proceedings. If the court grants your request, the applicant can stay in the U.S. and become a lawful permanent resident.
Lawful permanent residents (LPRs) can apply for cancellation of removal if they:
Many LPRs face deportation because of criminal convictions. However, cancellation of removal gives them a second chance if they meet the eligibility rules.
Non-permanent residents (those without green cards) can also apply, but the rules are stricter. They must prove:
Proving hardship is difficult. The court requires this to be more severe than what most families experience when separated.
Strong evidence is key to winning a cancellation of removal case, and applicants must prove they meet every requirement. Common evidence includes:
Proving your eligibility is crucial to winning your case. Without it, a judge is unlikely to approve your request for cancellation of removal.
The biggest challenge to winning a cancellation of removal case is proving hardship. The law requires proof of exceptional and extremely unusual hardship, and the court looks for situations where a U.S. citizen family member would suffer beyond what most people face when a loved one is deported.
Another challenge is criminal history. If an applicant has certain criminal convictions, they are automatically disqualified. Crimes like drug offenses, fraud, and domestic violence can make it impossible to win a case.
Finally, there is limited availability. The government only grants 4,000 approvals per year for non-permanent residents. Once that limit is reached, others must wait for approval the following year.
If the judge approves your cancellation of removal, you will be allowed to stay in the U.S. If you’re a lawful permanent resident, you get to keep your green card. Non-permanent residents will receive a green card and become lawful permanent residents.
If the judge denies your request for cancellation of removal, you may be deported from the United States. If you are eligible, your attorney can help you file an appeal or motion to reopen your case.
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For immigrants facing deportation, cancellation of removal can be a life-changing opportunity. However, a case involving cancellation of removal is complex, and immigration laws are strict. The courts expect strong evidence. Proving hardship, continuous residence, and good moral character can be difficult.
With the right approach, cancellation of removal can offer a fresh start. While it is possible to apply without a lawyer, having legal help improves the chances of success. If you’re facing deportation proceedings, contact Laura Leon Law to talk to an immigration lawyer who will advocate for you.
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