Cancellation of Removal (COR) is a form of immigration relief that allows certain undocumented or non-permanent residents in removal proceedings to avoid deportation and obtain lawful permanent resident (LPR) status, also known as a green card.
This is available only through immigration court and must be granted by an immigration judge.
✅ Who Qualifies?
To qualify for COR as a non-permanent resident, you must meet ALL of the following:
-
Continuous physical presence in the U.S. for at least 10 years before being placed in removal proceedings.
-
Have shown good moral character during that time.
-
Have no disqualifying criminal convictions (especially involving moral turpitude or aggravated felonies).
-
Prove that your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.
This standard of hardship is very high—it goes beyond normal emotional or financial hardship.
📝 What Is the Application Process?
-
You must be in removal proceedings to apply.
-
The application is submitted using Form EOIR-42B.
-
You must present supporting evidence: tax returns, medical records, psychological evaluations, school reports, and testimonies showing the hardship your family would face.
-
Your case will be decided by an immigration judge during a merits hearing.
There is a statutory cap on how many individuals can receive this relief each year, making it competitive.
⚠️ What If Your Application Is Denied?
If denied, you may be ordered removed from the U.S. You can appeal to the Board of Immigration Appeals (BIA) and potentially to a federal circuit court, but appeals take time and require legal precision.
👨👩👧 Real-Life Scenarios
-
A single mother with two U.S. citizen children, one with disabilities, may qualify if deportation would disrupt critical care.
-
A father supporting a U.S. citizen child with a chronic illness may be able to prove hardship if removal would jeopardize the child’s treatment.
📞 Borderless Lawyers offers strategic representation in cancellation of removal cases, helping clients demonstrate hardship and defend their right to remain in the U.S. Let us guide your case before the immigration court.