Facing removal proceedings can put enormous stress on you and leave you wondering if there’s any way for you to remain in the United States. Cancellation of removal may provide protection against deportation in certain cases. This type of relief is available to some lawful permanent residents and nonpermanent residents who meet strict requirements.
Cancellation of removal cases can be very difficult to prove; meeting the basic statutory requirements only allows you to be considered and does not guarantee approval. A cancellation of removal lawyer at Lorenzo Law Group will review your immigration history, identify obstacles in your case, and build a case for relief. Request a personalized consultation today.
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What Is Cancellation of Removal?
Cancellation of removal is a form of discretionary relief provided to certain individuals who are already in removal proceedings. An eligible individual requests this relief before an immigration judge rather than through USCIS.
Cancellation of removal is available for different groups of noncitizens. Lawful permanent residents seeking this relief file Form EOIR-42A. Qualifying nonpermanent residents use Form EOIR-42B.
LPR Cancellation of Removal Requirements
LPR cancellation of removal can allow a lawful permanent resident facing deportation to keep their green card. Currently, an applicant must establish that they:
- Obtained lawful permanent resident status at least five years before applying.
- Have maintained continuous residence in the U.S. for seven years or more following a lawful admission.
- Have not been convicted of an aggravated felony.
- Merit cancellation as a matter of discretion.
Under the stop-time rule, certain events can end the accumulation of continuous residence or physical presence, including service of a Notice to Appear that contains all the information about an individual’s removal hearing required by law. The commission of certain offenses can also trigger the stop-time rule.
Factors an Immigration Judge May Consider
Meeting eligibility requirements is only part of requesting cancellation of removal. Cancellation is discretionary, so judges have broad authority to weigh all positive and negative factors and circumstances when making their decision.
Positive factors that may work in your favor include strong family ties in the U.S., a lengthy history in the United States, stable employment, community involvement, and, if you have a criminal record, evidence of rehabilitation. Criminal history, immigration violations, and other unfavorable conduct may weigh against you.
This is why having a well-prepared case is crucial; a strong case cannot just establish that you meet the minimum requirements. It should show the immigration judge why the circumstances support a favorable exercise of discretion.
LPR Cancellation of Removal Requirements
42B cancellation of removal or non-LPR cancellation of removal has different requirements from cases involving lawful permanent residents. To qualify under current immigration law, applicants must show:
- Physical presence in the United States for a continuous period of at least 10 years.
- A record of good moral character throughout the applicable period.
- No convictions that would make the applicant ineligible for this form of relief.
- That removal would create exceptional and extremely unusual hardship to the applicant’s U.S. citizen or lawful permanent resident spouse, parent, or child.
- That the circumstances support granting relief in the exercise of discretion.
The standard of “exceptional and extremely unusual” is particularly hard to prove, as the ordinary difficulties associated with a family member being removed are not enough. A cancellation of removal lawyer can help you identify strong hardship evidence and prepare it for the immigration court.
Building a Strong Non-LPR Cancellation of Removal Case
A successful 42B application requires extensive documentation. Depending on the exceptional and extremely unusual hardship you’re attempting to prove, you may want to have evidence that addresses a qualifying relative’s medical conditions, educational needs, or financial circumstances.
You’ll also need to prove that you meet the other qualifications for cancellation. Records like tax documents, leases, employment records, and other dated documents may establish your history in the United States.
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What Is the Cancellation of Removal Success Rate?
There’s no set cancellation of removal success rate that can reliably tell you whether or not your case will be approved.
Cancellation decisions are highly dependent on the facts and circumstances of the case. In addition, there is a cap of 4,000 non-LPR cancellation of removal approvals per fiscal year. If the annual cap has already been reached, a case that would otherwise be granted may have its decision reserved until further notice.
How Lorenzo Law Group Can Help You Seek Cancellation of Removal
Being placed in removal proceedings doesn’t always mean removal from the United States. At Lorenzo Law Group, we understand the high standard of proof that must be met to create a strong cancellation of removal case. For non-LPR applicants, in particular, we may focus on developing detailed evidence of the hardship a qualifying relative would face if removal were to occur. We will also prepare you for your individual hearing and organize the documentation you need.
Get Your Cancellation of Removal Case Reviewed
When you’re facing possible removal from the United States, it’s important to act quickly and explore all of your options. Cancellation of removal cases are fact-intensive, so careful preparation can be especially important. Contact Lorenzo Law Group to request a personalized consultation and evaluate your eligibility.
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