Facing deportation is every immigrant’s worst nightmare. Cancellation of removal is a legal way to stop deportation, and non-permanent residents may gain lawful status through this process. However, there are strict requirements for cancellation of removal, and strong evidence is needed to succeed.
Due to the complexity of these cases, we highly advise individuals to partner with a cancellation of removal lawyer at Laura Leon Law, PLLC. Our team has years of experience handling cancellation of removal cases and will help you understand your eligibility, gather evidence, and prepare your case for immigration court. Schedule a consultation now.
Cancellation of removal is a form of relief from deportation. It is available to certain 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 the request, a non-LPR cancellation of removal applicant can stay in the U.S. and become a lawful permanent resident. An LPR cancellation of removal applicant can retain their permanent resident status.
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.
LPR cancellation of removal is requested using Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents. Eligibility does not depend solely on the five- and seven-year requirements, and the timing of a Notice to Appear or other offenses may affect how much continuous residence has accrued. A cancellation of removal lawyer can review your specific immigration history for issues that could affect eligibility.
Non-permanent residents (those without green cards) can also apply, but the rules are stricter. They must prove:
This form of relief is known as non-LPR cancellation of removal. Applicants can generally apply using Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. This is why this process is also known as 42B cancellation of removal.
Strong evidence is key to winning a cancellation of removal case, and a cancellation of removal lawyer can help applicants prove they meet every requirement. Common evidence includes:
The strongest evidence depends partially on whether the case involves LPR cancellation of removal or non-LPR cancellation of removal. For example, non-LPR cancellation of removal cases may require records covering a full decade of physical residence and evidence of how removal would affect a qualifying U.S. citizen or lawful permanent resident relative. An LPR case may depend on documentation of admission and residence, community ties, rehabilitation, and other favorable factors.
For non-LPR applicants, the biggest challenge to winning a cancellation of removal case may be proving hardship. The law requires proof of exceptional and extremely unusual hardship, and the court looks for situations where a qualifying U.S. citizen or LPR family member would suffer beyond what most people face when a loved one is deported. Key factors that may help prove exceptional and extremely unusual hardship include serious medical conditions, extreme financial losses, and severe safety risks in the country that the individual would be removed to.
Another challenge is criminal history. If an applicant has certain criminal convictions, they are automatically disqualified. Convictions for certain 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 a decision 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 and lawful permanent resident status. 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.
Our cancellation of removal lawyer can help verify which form of relief applies to your case and identify eligibility problems early in the process. Our team is ready to organize supporting evidence and prepare your case for your individual hearing.
In more than seven years of handling immigration cases, we have developed extensive experience addressing the different statutory requirements for each type of cancellation of removal case, so we are ready to tailor our strategy to your status, immigration history, and family circumstances.
CONTACT US TODAY
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, and proving eligibility 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 a cancellation of removal lawyer who will advocate for you.
(979) 810-8880
