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Understanding Cancellation of Removal

By KPB Immigration Law Firm

Cancellation of Removal is a crucial form of relief for many immigrants facing deportation from the United States. This legal process can stop deportation and provide a path to lawful permanent residency, significantly impacting the lives of immigrant families.

Cancellation of Removal is available to both lawful permanent residents (LPRs) and non-permanent residents. For LPRs, the requirements include having held permanent resident status for at least five years, having resided in the U.S. continuously for seven years after a lawful admission, and not having been convicted of an aggravated felony. Non-permanent residents must demonstrate continuous physical presence in the U.S. for at least ten years, good moral character during that period, and that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.

The application process begins with submitting Form EOIR-42A (for LPRs) or Form EOIR-42B (for non-permanent residents) to the immigration court. This form is accompanied by supporting documentation, including evidence of physical presence, character references, and proof of hardship. Given the complexity of the process, having an experienced immigration attorney can be invaluable. An attorney can help gather the necessary evidence, prepare for hearings, and effectively present your case to the immigration judge.

One of the most challenging aspects of Cancellation of Removal for non-permanent residents is proving "exceptional and extremely unusual hardship." This goes beyond the normal difficulties expected from deportation. It requires showing that the hardship to the qualifying relative would be significantly more severe than that typically experienced by others in similar situations. Evidence might include medical records, psychological evaluations, and detailed personal statements.

The outcome of a Cancellation of Removal case rests with the immigration judge, who has broad discretion. Even if all legal requirements are met, the judge must be convinced that granting relief is warranted. The decision can be influenced by factors such as the applicant's criminal history, community ties, and overall character.

For those facing an adverse decision, it’s important to know that appeals are possible. The Board of Immigration Appeals (BIA) reviews cases for legal errors or abuses of discretion. Having legal representation during the appeals process is critical to navigating the complex legal arguments and procedures involved.

At KPB Immigration Law Firm, we understand the immense challenges faced by individuals in removal proceedings. Our dedicated team provides comprehensive support throughout the Cancellation of Removal process, from initial application to final hearings and appeals. We work tirelessly to present the strongest possible case for our clients, aiming to secure their future in the United States. Contact us today to learn how we can assist you or your loved ones in seeking Cancellation of Removal and other immigration relief.