If you are facing deportation, cancellation of removal may allow you to remain in the United States and potentially obtain lawful permanent residence. This immigration relief is available only in immigration court and cannot be filed through USCIS. Applicants may request cancellation of removal during active removal proceedings before an immigration judge.
Cancellation of removal is one of the most sought after forms of relief by those facing deportation, but it is very difficult to win. Eligibility requirements are strict, and even if you meet the requirements, there is an annual cap limiting how often judges grant this type of relief.
At Alamo Law Group, our cancellation of removal lawyer represents individuals in immigration court and focuses on building detailed, evidence-based cases designed to protect families and long-term futures in the United States. If you or someone you love is in the middle of removal proceedings, learning whether cancellation of removal may apply to your case is an important step. Call Alamo Law Group at 210-787-3916 to schedule a consultation now.
Cancellation of removal serves as a legal defense against deportation in immigration court. When granted, it cancels the removal order and may allow the applicant to receive a green card and remain lawfully in the United States. Both lawful permanent residents and non-permanent residents may request cancellation of removal if they meet specific eligibility requirements under U.S. immigration law.
It’s important to note that cancellation of removal is not automatic. Simply meeting the cancellation of removal requirements is not enough. Immigration judges maintain full discretion when deciding whether to grant this form of immigration relief.
Eligibility requirements depend on your immigration status. If you are a lawful permanent resident, you must:
The stop-time rule can affect whether you meet the continuous residence requirement for cancellation of removal. In many cases, time stops counting once you receive a Notice to Appear in immigration court or commit certain criminal offenses. Because of this rule, some applicants believe they meet the continuous residence requirement only to discover that the qualifying period ended years earlier.
If you do not have a green card, you may qualify for cancellation of removal if you:
Many non-permanent residents reviewing the cancellation of removal requirements ask what “exceptional and extremely unusual hardship” actually means. In immigration law, this standard requires hardship that goes significantly beyond the typical consequences of deportation, such as:
To qualify, the applicant must demonstrate that deportation would create exceptional and extremely unusual hardship for the qualifying U.S. citizen or lawful permanent resident relative—not only for the applicant. Examples that may support this argument include:
There is no list of qualifying circumstances that are considered exceptional and extremely unusual hardship; the decision is made based on all relevant information and factors, which is why presenting the strongest case possible from the beginning of the case is critical.
The cancellation of removal process typically begins once removal proceedings are underway in immigration court. Your attorney may submit either Form EOIR-42A for certain permanent residents or Form EOIR-42B for certain non-permanent residents. After completing biometrics and background checks, applicants appear before an immigration judge who reviews all evidence before making a final decision.
Our firm has helped many clients request cancellation of removal and other forms of relief. We know how much is at stake when you are in removal proceedings, and we are committed to presenting strong documentation and advocating for you in the courtroom. From the technical legal aspects of cancellation of removal to the nuance of your specific situation, we’re ready to fight for you. Call us at 210-787-3916 or fill out our online contact form to schedule a consultation with a cancellation of removal lawyer.
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