(617) 553-4718 
Text Us 24/7 
Español 
Cancellation of Removal / Deportation Immigration Lawyers in Boston, MA
Benefits of Applying for Cancellation of Removal
Facing removal / deportation proceedings is a stressful and frightening experience—especially when your family, career, and entire life are rooted in the United States. The uncertainty of what lies ahead can feel overwhelming.
However, for some long-term immigrants in removal proceedings, the cancellation of removal law (commonly known as “the 10 year law”) may offer a legal path to stop the deportation process and remain legally in the country with Legal Permanent Resident status.
In cities like Boston where the Immigration Court, has large caseloads and a large number of immigrants have spent decades living, working, building families, and contributing to their communities this form of relief can mean the difference between permanent separation from family and the ability to obtain lawful permanent resident status.
Cancellation of Removal is not automatic and not easy to win. It requires strict statutory eligibility, persuasive evidence, and a strong presentation before an immigration judge. Understanding how this defense works, when it applies and why experienced legal representation matters is essential for anyone searching for a Cancellation of Removal lawyer.
What Is a Cancellation of Removal / Deportation (the “10 Year Law”)?
Cancellation of Removal is a form of relief available only in immigration court to individuals who are in removal (deportation) proceedings. If granted, it allows the judge to grant the immigrant lawful permanent resident status.
There are three types of Cancellation of Removal:
- Non-lawful permanent resident (non-LPR) Cancellation of Removal
- Lawful permanent resident (LPR) Cancellation of Removal
- VAWA Cancellation of Removal for victims of Domestic violence or abuse
Each has different eligibility requirements and legal standards, but all are discretionary forms of relief—meaning the judge must be convinced that the candidate deserves relief based on the totality of the circumstances. If the evidence supports these conditions, the immigration judge may terminate the removal proceedings and grant the individual permanent resident status.
Our experienced Boston immigration lawyers can evaluate eligibility, gather supporting evidence, and present a strong cancellation of removal case before the Immigration Court and help you secure legal status. Contact our office today at: 617-303-2600 (ext.0) to schedule a confidential case evaluation.
Who Qualifies for Non-Legal Permanent Resident Cancellation of Removal / Deportation in the U.S.?
A non-lawful permanent resident (including undocumented immigrants) may apply for Cancellation of Removal / Deportation in the U.S. if they can demonstrate the following:
- They have lived continuously in the United States for the last ten years.
- They are of good moral character
- Have not been convicted of certain crimes that would disqualify them
- Their removal would cause “exceptional and extremely unusual hardship” to a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
It is important to note that financial hardship by itself is not enough to meet the legal standard. Immigration judges require a strong showing of multiple, serious circumstances that together demonstrate “exceptional and extremely unusual hardship” beyond what would be expected from a standard deportation.
Also, an individual may apply for Cancellation of Removal or Deportation only once. If the application is denied or if the person later loses their residency, they cannot apply again in the future.
Who Qualifies for Legal Permanent Resident Cancellation of Removal / Deportation in the U.S.?
U.S. Legal Permanent residents who have been convicted of certain crimes, such as crimes of moral turpitude, and have been place in removal proceedings may also qualify for Cancellation of Removal / Deportation. To be eligible, they must show evidence of:
- Having lived continuously in the United States for 7 years after lawful entry
- Having Legal Permanent Resident status for at least 5 years
- Must not have been convicted of a crime that constitutes an aggravated felony
In these cancellation of removal cases, immigration Judges carefully weigh both favorable and unfavorable factors, such as family relationships, evidence of rehabilitation, and a history of compliance with U.S. immigration and criminal laws, when deciding the outcome.
Who Qualifies for VAWA Cancellation of Removal / Deportation in the U.S.?
Under INA § 240A(b)(2), certain survivors of domestic violence may be eligible for VAWA Cancellation of Removal. This protection applies to immigrants who are the spouse, child (including a stepchild), or parent of a U.S. citizen or lawful permanent resident.
To qualify, the victim must establish the following legal requirements:
- The abusive family member is a U.S. citizen or lawful permanent resident
- The applicant experienced battery or extreme cruelty committed by that U.S. citizen or LPR relative
- The victim has maintained continuous physical presence in the United States for at least three years prior to the Immigration Judge’s decision on the EOIR-42B application
- The victim demonstrated good moral character throughout the required three-year period
- The applicant is not disqualified by criminal or security grounds of inadmissibility, including crimes involving moral turpitude, drug offenses, or national security violations under INA § 212(a)(2)
- Removal would result in extreme hardship to the applicant, or to the applicant’s child or parent
Survivors of domestic violence have powerful immigration protections under the law. Request a confidential consultation with a trusted Boston immigration lawyer now to learn whether you qualify for VAWA Cancellation of Removal and take the first step toward safety and legal status.
What is the Visa Duration Once Granted U.S. Legal Permanent Residency?
Once the individual is granted legal permanent residency, they maintain this status indefinitely so long as they do not violate the rules regarding U.S. permanent residency.
Is Cancellation of Removal Renewable?
Cancellation of removal does not need to be renewed once granted. Your resident status will not expire as long as you continue to meet the eligibility requirements for U.S. residency, as stated in your permanent resident application. However, the resident card, or “green card” (your evidence of permanent residency), expires every 10 years, and it is recommended that you renew it 6 months before the expiration date.
Can Family Members be Included in the Cancellation of Removal Application?
A common misconception is that if one person is granted Cancellation of Removal, their entire family automatically receives legal status. This is not the case. The grant of residency extends only to the individual applicant and no derivative beneficiaries can be included in a Cancellation of Removal application.
Family members must be independently eligible for relief to receive status. However, securing permanent residency does allow the individual to eventually petition for certain qualifying family members through standard family-based immigration channels, or to qualify as a family member for another cancellation of removal claim.
What Documents Do I Need for a Cancellation of Removal Case?
The following is a sample list of documents that may help demonstrate an individual’s time of residence in the United States and any exceptional or extremely unusual hardship to a U.S. citizen or lawful permanent resident. Other types of evidence may also be accepted.
- Proof that the individual has lived continuously in the United States, such as copies of tax returns, leases / deeds, medical and insurance records, etc..
- Medical records or documentation of physical conditions affecting an immediate relative that show “exceptional and extremely unusual” hardship, if applicable.
- Therapy records or psychological evaluations describing the emotional impact of the family member’s removal on a U.S. citizen or lawful permanent resident which would establish a severe hardship.
- Copy of records related to any special services received by the qualifying family member
- School records of the individual’s U.S. citizen or lawful permanent resident children, if applicable.
- Evidence of property ownership, investment or assets in the United States belonging to the individual (i.e. bank and investment account statements, etc.).
- Information about conditions and evidence of hardship in the individual’s home country that could cause exceptional and extremely unusual hardship to the U.S. citizen or lawful permanent resident qualifying relative.
- Copy of Birth Certificates of beneficiary (alien) and qualifying relative (spouse, children, or parent)
- Copy of Marriage and Divorce Certificate(s) – if applicable
- Complete copy of any prior immigration applications, notices, records, and supporting documents filed with or received from any US government agency (USCIS, ICE, CBP, NVC, Consulate, EOIR, Immigration Court ….) – if applicable
- Copy of complete certified police & court records for any criminal case (if applicable), including police report, criminal complaint, plea, court orders, probation records, and any other document
- Copy of complete court records for any other legal proceeding (if applicable), including Restraining Orders, Child Custody, Divorce, or other matter
- 2 USCIS photographs of alien
Process to Apply for Cancellation of Removal/Deportation
The individual must be in removal proceedings to be eligible to apply for cancellation of removal / deportation. If the individual is not in removal proceedings but they have strong evidence that they may be eligible for cancellation of removal, then the individual can request that the U.S. Immigration Service serve them with a Notice to Appear and transfer the case to the Immigration Court. This last action is very delicate, and the applicant must have extremely strong and convincing evidence before we would advise them to take this step.
Cancellation of removal is a complex legal process and working with an experienced cancellation of removal immigration attorney is extremely important at every step of this process.
Stage One: Verify Qualification and Review Supporting Evidence
The first step to pursue Cancellation of Removal is confirming that you meet the law’s strict eligibility requirements. An experienced Boston immigration lawyer can carefully evaluate your immigration history, length of residence in the United States, family and community ties, and the hardships deportation would cause.
Equally important, and timely review of your supporting evidence allows your attorney to identify gaps or weaknesses in documentation and recommend steps to strengthen your case early in the process—such as obtaining additional medical, psychological, or therapeutic treatment records when appropriate.
Starting with a comprehensive legal and evidentiary assessment can save valuable time, avoid last-minute delays, and significantly improve the strength of your application before the Immigration Court.
Stage Two: Properly Prepare and File the Appropriate Forms and Fees
The next phase involves preparing and filing the appropriate applications and court fees with the immigration court, based on your immigration status:
- Form EOIR-42B for Non-lawful Permanent Residents, and
- Form EOIR-42A for Lawful Permanent Residents
These forms must be supported by thorough documentation and records establishing continuous residence in the United States, evidence of good moral character and well-documented hardship claims. Careful preparation and strategic presentation and selection of the appropriate evidence is essential for a favorable exercise of discretion by the Immigration judge needed in these cases.
Stage Three: Prepare Client for Testifying Before Immigration Court
We strongly believe that client preparation is essential for a successful court appearance, and this is where our experienced immigration and trial attorneys make a decisive difference. Our firm’s strength lies in rigorous, hands-on preparation for court. We schedule testimony preparation meetings and work closely with you to prepare you to testify confidently and accurately. We role play, anticipate aggressive questioning from government attorneys, and identify any weaknesses or gaps in your testimony, so that you have plenty of time to practice and supplement any evidence as necessary.
Through detailed testimony preparation, mock questioning, and strategic review of evidence, our clients walk into Immigration Court fully prepared to present their story clearly and persuasively.
Stage Four: Appear at Cancellation of Removal Hearings
We will appear with you first at a Master Calendar Hearing, where the judge will schedule a date for your Individual Hearing and address any procedural items.
We will later appear together at your Individual Hearing, which is where we get to fully present and argue your case. This is where your credibility, your evidence, and your testimony are tested in court. Immigration Judges place enormous weight on live testimony, and unprepared or inconsistent answers can seriously undermine even an otherwise strong case.
We will present all the evidence in the form of documents and records together with your testimony that will need to demonstrate that your qualifying relatives will suffer the appropriate standard of hardship relevant to your legal status, if you were to be ordered deported.
Note that the burden of proof is on the individual and it is extremely high.
Stage Five: Receive Decision from Judge
Cancellation of Removal cases are subject to a significant backlog due to a strict annual cap of 4,000 green cards nationwide. As a result, many approved cases remain pending for three to four years before residency can be granted.
At the conclusion of the Individual Hearing, once all testimony and evidence have been presented, an Immigration Judge may determine that an applicant has met the legal burden of proof. However, even when the judge intends to grant Cancellation of Removal, the law does not allow immediate approval if a green card is not yet available. Instead, the judge must reserve the decision, and the case is placed in a waiting queue based on the date of the Individual Hearing.
Importantly, while approval may be delayed, a judge can deny a Cancellation of Removal application on the day of the hearing. This makes thorough preparation and strong presentation of evidence and testimony absolutely critical.
What Happens When A Green Card Becomes Available for Cancellation of Removal After the Individual Hearing?
When a green card later becomes available, the Office of the Chief Immigration Judge (OCIJ) notifies the court, and the Immigration Judge issues a final decision. That decision is then served on the applicant or announced at a subsequent hearing. During this waiting period, applicants must remain fully eligible for relief. The judge may confirm that qualifying family relationships still exist, that good moral character has been maintained, and that the hardship factors continue to apply before granting lawful permanent residence.
If a Cancellation of Removal application is denied, the decision may be appealed to the Board of Immigration Appeals (BIA). Our experience immigration attorneys at FitzGerald Law Company will also review if there are other forms of immigration relief which may be available to you at such time.
How To Address Common Challenges in Cancellation of Removal Cases
Proving Exceptional and Extremely Unusual Hardship
One of the most difficult requirements in a Cancellation of Removal case is proving that deportation would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident family member. Immigration Judges require evidence that goes well beyond the normal emotional or financial impact of family separation due to deportation.
Examples of hardship that may meet this high legal standard include:
- A U.S. citizen child with a serious medical condition who depends on specialized treatment or ongoing care that is not reasonably available outside the United States
- Severe financial hardship where the applicant is the primary provider, and removal would jeopardize a family’s ability to meet essential needs such as housing, medical care, or education
Because hardship is evaluated as a whole, detailed documentation and credible testimony are essential to demonstrating how removal would create long-term, irreversible consequences for qualifying relatives.
Establishing Good Moral Character for Cancellation of Removal / Deportation
Another critical eligibility requirement is proof of good moral character throughout the required residence period. Certain criminal offenses or negative conduct can place eligibility at risk. However, not all past criminal issues result in denial if they are properly addressed and supported by strong evidence of rehabilitation and positive contributions to the community.
Effective evidence of good moral character may include:
- Documentation showing tax compliance and long-term employment
- Records showing volunteer service and community involvement
- Documentation of rehabilitation efforts, such as completion of counseling, treatment programs, or educational courses, where applicable.
A skilled Boston immigration lawyer can help identify challenges early, gather the right evidence, and present a compelling case that meets the demanding standards of the Immigration Court.
Contact FitzGerald Law Company to schedule a confidential consultation and learn whether cancellation of removal may be good option for you. Call 617-303-2600 (ext.0) or submit our consultation request today.
What are the Immigration Court Filing Fees for Cancellation of Removal?
Fees for form EOIR B (for the undocumented individual) or form EOIR A (for the legal permanent resident)
(Verify here the Executive Office of Immigration Review Filing fees for these forms as they are subject to change).
What are the Cancellation of Removal Fees of our Boston Immigration lawyers?
Learn more about our cancellation of removal legal fees.
Call 617-303-2600 (ext.0) to schedule an initial consultation with one of our experienced cancellation of removal lawyers in Massachusetts or fill out our online appointment request.
Why Choose FitzGerald Law Company for Cancellation of Removal Defense
Our firm approaches cancellation of removal cases with the understanding that every detail matters. We focus on:
- Careful eligibility screening before filing
- Strategic development of hardship evidence
- Preparation for individual hearings and testimony
- Clear, organized legal arguments grounded in current case law
We understand how immigration judges evaluate these cases and work to present each client’s story in a way that reflects both the law and the human consequences of removal.
FAQs on Cancellation of Removal / Deportation in Immigration Court
What are Common Mistakes That Lead to Cancellation of Removal Denials?
Many applicants lose otherwise viable cases due to avoidable errors, including:
- Relying only on testimony instead of documentary proof
- Underestimating the hardship standard
- Failing to address criminal or immigration history
- Missing deadlines or procedural requirements
- Filing without legal representation
Because cancellation of removal is available only in Immigration Court Proceedings, a denial will usually result in an order or removal / deportation.
Do I need an Immigration Lawyer for Cancellation of Removal?
While legal representation is not required, cancellation of removal cases are legally complex and highly discretionary. An experienced immigration attorney can help determine eligibility, gather persuasive evidence, prepare testimony, and present legal arguments that align with immigration court precedent.
How Hard is it to Win Cancellation of Removal?
Cancellation of removal is one of the most difficult forms of immigration relief to obtain. Immigration judges deny many cases due to insufficient hardship evidence, credibility concerns, or procedural errors. Strong preparation and legal strategy significantly improve the chances of success.
What does “Exceptional and Extremely Unusual Hardship” Mean?
This standard requires showing that a qualifying U.S. citizen or lawful permanent resident family member would suffer hardship substantially beyond what is normally expected from deportation. Judges consider medical conditions, educational needs, psychological impact, financial dependence, and country conditions together—not in isolation.
Can I Apply for Cancellation of Removal More than Once?
In most cases, cancellation of removal is available only one time in a person’s life. Because a denial may permanently bar future relief, it is critical to present the strongest possible case the first time.
How Long does a Cancellation of Removal Case Take?
Timelines vary depending on immigration court backlogs and case complexity. With current immigration court backlogs and the limit of only 4,000 Green Cards available for Cancellation of Removal applicants, cases are taking approximately 4 years or longer from initial filing to a final decision. During this time, applicants may be eligible for work authorization.
Where Can I Get More Information on Cancellation of Removal / Deportation?
- Executive Office for Immigration Review
- The USCIS on Immigration Benefits in EOIR Removal Proceedings (cancellation of removal/deportation)
- Background and Security Checks on Individuals Seeking Relief or Protection from Removal
- The Department of Justice regarding Cancellation of Removal/Deportation
- Executive Office for Immigration Review; Motion to Reopen: Cancellation of Removal/Deportation
Print This Page
