Cancellation of Removal

Cancellation of Removal is one of the most common forms of relief applied for before the Immigration Court. Cancellation of Removal is only available to people facing removal. There are three different types of cases.  All cases for Cancellation of Removal require the submission of a form and filing fee to immigration, a fingerprinting appointment at an Application Support Center, a filing of the application with the court with proof that it was sent to the correct office and that the fees were paid, a filing with the court of all the documents that proves the person qualifies for the case, and a final hearing before the court that usually lasts a couple of hours.  Navigating all of these steps without an attorney is extremely difficult.

Our deportation defense team has handled a large number of these cases.  Attorney Emily Assunta White has spoken at national and local immigration lawyers conferences on best practices for preparing Cancellation of Removal cases and she has published articles on developments in case law on Cancellation of Removal.  Our paralegals also have extensive experience in preparing the Cancellation of Removal forms and evidentiary submissions.

Each type of Cancellation of Removal case has different requirements.  In addition to meeting each requirement, the Immigration Judge must decide that the applicant deserves to have the case approved.

Ten-year Cancellation

To be eligible for cancellation of removal under Immigration and Nationality Act § 240A(b)(1), the applicant must establish that she or he:

• Has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application,
• Has been a person of good moral character during such period,
• Has not been convicted of an offense under section §212(a)(2), 237(a)(2), or 237(a)(3) of the Act, and
• Establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States an alien admitted for lawful permanent residence.

Seven-year LPR Cancellation

To be eligible for cancellation of removal under Immigration and Nationality Act § 240A(a), the applicant must establish that she or he:

• Has been lawfully admitted for permanent residence for not less than five years,
• Has resided in the United States continuously for seven years after having been admitted in any status, and
• Has not been convicted of an aggravated felony.

Three-year VAWA Cancellation

To be eligible for cancellation of removal under Immigration and Nationality Act § 240A(b)(2), the applicant must establish that she or he:

• Has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen or lawful permanent resident, or has a child who was subjected to such abuse,
• Has been physically present in the United States for a period of not less than three years immediately preceding the date of such application,
• Has been a person of good moral character during such period,
• Is not inadmissible under paragraph (2) or (3) of section 212(a), is not deportable under paragraphs (1)(G) or (2) through (4) of section 237(a), unless a domestic violence waiver is granted, and has not been convicted of an aggravated felony, and
• Establishes that removal would result in extreme hardship to the alien, the alien’s child, or the alien’s parent. If statutory eligibility is established, special rule cancellation may be granted in the exercise of discretion.