⚖️ What Is Cancellation of Removal?
Cancellation of removal is a form of relief available to certain noncitizens who are facing deportation (removal) proceedings before an immigration judge. It allows eligible individuals to stop removal and obtain lawful permanent residence (a green card).
📝 Who Qualifies for Cancellation of Removal?
To qualify, you must meet specific criteria based on your immigration status:
For Lawful Permanent Residents (LPRs):
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Must have been a green card holder for at least 5 years.
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Must have continuously resided in the U.S. for 7 years after lawful admission.
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Must not have been convicted of an aggravated felony.
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Must demonstrate good moral character.
For Non-Lawful Permanent Residents (Non-LPRs):
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Must have continuously resided in the U.S. for at least 10 years.
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Must have good moral character during that time.
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Must not have been convicted of certain crimes.
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Must show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
🏛️ How Does the Process Work?
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Removal Proceedings: You must be in removal proceedings before an immigration judge.
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Filing the Application: Submit Form EOIR-42B (Non-LPR) or Form EOIR-42A (LPR) to request cancellation of removal.
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Burden of Proof: You have the burden to prove eligibility and hardship claims.
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Immigration Judge’s Decision: The judge will evaluate your evidence and decide whether to grant relief.
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Appeal Rights: If denied, you may appeal to the Board of Immigration Appeals.
📅 How Long Does Cancellation of Removal Take?
The process duration varies widely but typically takes several months to over a year, depending on court backlogs and case complexity.
👩⚖️ Why Hire an Immigration Lawyer?
Cancellation of removal is a complex and highly discretionary form of relief. An experienced immigration attorney can:
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Assess your eligibility and prepare a strong case.
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Help gather evidence and hardship documentation.
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Represent you in immigration court hearings.
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Advise on appeals if needed.
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Increase your chances of success.
❓ FAQs About Cancellation of Removal
Q: Can I apply for cancellation if I have a criminal record?
A: Certain crimes make you ineligible, but some may be waivable—consult a lawyer.
Q: What is “good moral character”?
A: It generally means you have not committed serious crimes and have respected U.S. laws.
Q: Can cancellation of removal lead to a green card?
A: Yes, if granted, it can result in lawful permanent resident status.
✅ Conclusion
Cancellation of removal offers vital protection for eligible individuals facing deportation. Timely legal advice and thorough preparation are essential to securing this form of relief.