Cancellation of Removal FAQ | Costs | Document Requirements

Cancellation of Removal is a form of relief from deportation that allows eligible individuals to apply to remain in the United States despite their removal proceedings. To be considered for this form of relief, an individual must meet certain requirements.

The eligibility criteria for Cancellation of Removal vary depending on whether the applicant is a lawful permanent resident (LPR) or a non-LPR.

For LPRs, the eligibility requirements include:

• The individual must have been a lawful permanent resident for at least five years
• The individual must have resided in the United States continuously for at least seven years after being admitted to the country as an LPR
• The individual must not have been convicted of an aggravated felony

For non-LPRs, the eligibility requirements include:

• The individual must have been physically present in the United States for at least ten years before receiving a Notice to Appear
• The individual must have been a person of good moral character during the ten-year period
• The individual must demonstrate that their removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child who is a U.S. citizen or LPR

It is important to note that the granting of Cancellation of Removal is discretionary and subject to the approval of the Immigration Judge. The applicant must provide evidence to demonstrate that they meet the eligibility requirements and deserve this form of relief.

Cancellation of Removal can be a complicated and lengthy process, and it is recommended that individuals seek the assistance of an experienced immigration attorney to prepare and present their case. A qualified immigration attorney can help the applicant understand their eligibility, gather and organize the necessary evidence, and present a strong argument in court.

Sources:

• U.S. Citizenship and Immigration Services: https://www.uscis.gov/green-card/green-card-processes-and-procedures/cancellation-of-removal
• U.S. Department of State: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-3-submit-a-petition/cancellation-of-removal.html

Cancellation of removal is a form of relief from deportation for non-citizens who are in the United States. It’s granted to individuals who can demonstrate that they have been living in the U.S. for a certain number of years, have good moral character, and that their removal would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent or child. The process of filing a cancellation of removal application can be complex, and it is important to ensure that all required documents are included.

The following is a list of required documents that must be submitted as part of a cancellation of removal application:

1. Form EOIR-42B: This is the application for cancellation of removal, which must be completed and filed with the Executive Office for Immigration Review (EOIR).
2. Evidence of physical presence: You must provide evidence that you have been physically present in the U.S. for at least ten years. This can include lease agreements, bills, employment records, tax returns, and school transcripts.
3. Evidence of good moral character: You must provide evidence that you have not committed any crimes, and that you have been a person of good moral character during your time in the U.S. This can include letters of recommendation from employers or community members.
4. Evidence of family ties: You must provide evidence of your family ties in the U.S., including documentation of your spouse’s or parent’s U.S. citizenship or lawful permanent residency.
5. Evidence of extreme hardship: You must provide evidence that your removal from the U.S. would result in extreme hardship to your U.S. citizen or lawful permanent resident spouse, parent or child. This can include medical records, letters from doctors, or other evidence of the impact of your removal on your family.

It is important to note that the specific requirements for a cancellation of removal application may vary depending on individual circumstances. It is recommended to consult with an experienced immigration attorney to ensure that all required documents are included and that the application is properly prepared.

Sources:

• USCIS, “Cancellation of Removal for Certain Permanent Residents,” https://www.uscis.gov/green-card/green-card-processes-and-procedures/cancellation-of-removal-for-certain-permanent-residents
• EOIR, “Cancellation of Removal,” https://www.justice.gov/eoir/cancellation-removal

If you are facing deportation proceedings, you may be eligible for Cancellation of Removal, which can allow you to stay in the United States. However, the process can be complicated, and it is important to have an experienced immigration lawyer to help you.

Cancellation of Removal is a legal process that can prevent a non-citizen from being removed from the United States. To be eligible for cancellation of removal, you must have been physically present in the United States for at least ten years, have good moral character, and demonstrate that your removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

Cancellation of Removal requires a significant amount of documentation to support your case. Some of the required documents include proof of physical presence in the U.S. for at least ten years, documentation of family ties and financial support, and evidence of hardship to a qualifying relative.

An experienced immigration lawyer can help you gather the necessary documents, prepare a strong legal case, and represent you in court. They can also guide you through the legal process and ensure that your rights are protected.

It is important to choose an immigration lawyer who has experience with cancellation of removal cases. Look for a law firm that specializes in immigration law and has a track record of success in these cases. They can provide you with the guidance and support you need to achieve a positive outcome.

In conclusion, cancellation of removal is a complex process that requires a lot of documentation and legal expertise. By hiring an experienced immigration lawyer, you can increase your chances of success and avoid costly mistakes. With the right representation, you can stay in the United States and continue to build your life here.