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Cancellation of Removal

When facing deportation, many become overwhelmed and confused by the legal proceedings that constitute the removal process. The team at the Federal Practice group has years of experience fighting deportation cases, and knows how to find the best strategy for your case.  When seeking relief, one common route taken by those threatened with deportation is to file for Cancellation of Removal.  This process was created 1996 with the Illegal Immigration Reform and Responsibility Act.  An application for Cancellation of Removal allows those heading to Immigration Court to advocate against his or her deportation from the country.  

Options Available for Cancellation of Removal Proceedings:

Lawful Permanent Residents:

To be eligible for Cancellation of Removal as a Lawful Permanent Resident, an applicant must prove that he/she:

  1. Has possessed lawful permanent residence status for at least five years
  2. Has resided in the U.S. continuously for at least seven years
  3. Has not been convicted of any “aggravated felony”

To be eligible for Cancellation of Removal as a Non-Permanent Resident (undocumented, nonimmigrant, etc.), an applicant must prove that he/she:

  1. Has been physically living in the U.S. for ten years prior to the date of filing
  2. Has been a person of good moral character during those ten years. There can be no criminal record
  3. Is clean of deportable criminal crimes, crimes of moral turpitude, substance violations, or documentary fraud
  4. The consequences of removal would cause exceptional hardship to the spouse, child, or parent of the foreign national. The spouse, child, or parent must be U.S. citizens or Lawful Permanent Residents (LPRs)

Alternatively, a non-permanent resident can qualify to have removal canceled upon showing that:

  • You or your child have suffered extreme cruelty at the hands of a spouse or parent
  • You have been in the U.S. for three years continuously before you received your Notice to Appear
  • You can be considered a person of good moral character according to the USCIS for that entire three-year period
  • You are not inadmissible or not deportable according to the regulations
  • You have not committed or been convicted of an aggravated felony
  • If you are removed, it would mean extreme hardship for you and/or your child
  • Your child is being deported and removal would cause extreme hardship to you or the child

Applying for Cancellation of Removal

The U.S. Department of Justice provides two separate forms for permanent residents and non-permanent residents. It is important to read the form in its entirety.  The information it contains is extremely important.

Upon submitting your application, you need to provide biometric and biographic information to the United States Citizen and Immigration Services (USCIS), as required by the Department of Homeland Security (DHS). DHS requires that you send a copy of your application to the appropriate USCIS Service Center.

You must then provide the following documents to the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE).  The required documents vary depending on your residence status.

As a Permanent Resident:

  • A copy of your Form EOIR-42A, Application for Cancellation of Removal, with all supporting documents
  • A copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions
  • The original Biographical Information Form G-325A.
  • You must file the following documents with the appropriate Immigration Court
  • The original Form EOIR-42A with all supporting documents and additional sheets
  • A copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions
  • A copy of the Biographical Information Form G-325A
  • A completed certificate showing service of these documents on the ICE Assistant Chief Counsel, unless service is made on the record at the hearing

As a Non-Permanent Resident:

The requirements are similar, however a non-permanent resident must also provide:

  • A photograph (identification)
  • A copy of the Form EOIR-42B
  • Application for Cancellation of Removal

Application Review

Applications for Cancellation of Removal are decided by the Immigration Judge’s discretion, meaning it is largely up to him/her whether your submission will be approved. When considering your application, the judge may weigh the following when evaluating your cancellation:

  • Length of residence in the United States
  • Your relationship to your family and community
  • Community service or volunteer work
  • Participation in community club events or religious gatherings
  • Employment history
  • Military participation
  • Responsible tax practices
  • Acceptance of past crimes

How Our Immigration Team Can Help:

Our immigration team has extensive experience in removal proceedings.  We have consistently obtained relief for our clients before an Immigration Court, and our attorneys are prepared to fight for your case during this potentially life-changing process.  Though the process may be daunting, the experts on our team can provide invaluable insight into the nuances of the United States legal system. Contact the Federal Practice Group for more information on how our team can assist you in obtaining Cancellation of Removal relief before an Immigration Judge.