Cancellation of Removal is a critical form of immigration relief available to certain non-permanent residents who are facing deportation. If granted, it allows individuals to remain in the U.S. and obtain lawful permanent residence (a green card).
🧑⚖️ Who Qualifies?
To be eligible, you must meet all the following criteria:
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Continuous physical presence in the U.S. for at least 10 years.
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Good moral character during those 10 years.
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No disqualifying criminal offenses.
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Removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
📅 Key Timelines
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The 10-year clock ends when the Notice to Appear is served.
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A single departure can break continuous presence if it’s lengthy or not under immigration control.
🧾 What Is “Exceptional and Extremely Unusual Hardship”?
This is a high legal standard. It requires more than the usual emotional or financial hardship from separation.
Examples that may qualify:
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A U.S. citizen child with a serious medical condition.
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An elderly parent dependent on your care.
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A spouse facing life-threatening conditions in the home country.
📑 Application Process
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File Form EOIR-42B before the immigration judge.
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Must appear in removal proceedings.
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Evidence must be thorough: medical records, financial documents, expert testimony, and personal affidavits are common.
🚫 Limitations
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Only 4,000 such green cards are granted per year.
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Past crimes, immigration fraud, or false claims to citizenship may bar eligibility.
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You cannot apply affirmatively—only as a defense to removal.
🛡️ Why Legal Help Matters
Cancellation of Removal cases are won or lost based on how persuasively the hardship is documented. Immigration judges exercise wide discretion, and denials are common without strong representation.
📞 Contact Borderless Lawyers to prepare a powerful defense and protect your life in the U.S.