Cancellation of Removal/Deportation Immigration Lawyers

What Is a Cancellation of Removal/Deportation?

Cancellation of Removal or Deportation is a limited form of relief available to certain permanent residents and nonpermanent residents. It allows some nonpermanent residents who are in removal proceedings before an immigration judge to avoid deportation if they meet specific requirements.

To qualify, a nonpermanent resident must have lived continuously in the United States for at least ten years (known as the “10-year law”), demonstrate good moral character, and prove that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident who is an immediate family member. If the evidence supports these conditions, the immigration judge may cancel the removal proceedings and grant the individual permanent resident status.

Permanent residents who have been convicted of certain crimes and are placed in removal proceedings may also qualify for Cancellation of Removal or Deportation. To be eligible, they must have lived continuously in the United States as lawful permanent residents for at least seven years and must not have been arrested or convicted of a crime during their first five years of residency.

Who is Eligible for Cancellation of Removal/Cancellation of Deportation in the U.S.?

A nonpermanent resident may apply for Cancellation of Removal or 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 and have not been convicted of certain crimes.
• 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.

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.

What is the Visa Duration Once Granted U.S. Legal Permanent Residency?

Once granted legal permanent residency, the individual maintains this status indefinitely so long as they do not violate the rules regarding U.S. permanent residency.

Renewability

Once granted legal permanent residency, the individual maintains this status indefinitely so long as they do not violate the rules regarding permanent residency.

Family Benefits of Cancellation of Removal/Deportation?

The grant of residency extends only to the individual and in general to any family member who is also independently eligible.

What Documentation Do I Need?

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 for at least ten years, such as copies of tax returns, leases, medical and insurance records, etc..
• Police reports from each jurisdiction where the individual has lived.
• School records of the individual’s U.S. citizen or lawful permanent resident children.
• 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 a family member’s removal on a U.S. citizen or lawful permanent resident.
• Evidence of property ownership or assets in the United States belonging to the individual.
• Investment or bank statements in the individual’s name.
• Information about conditions 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.

What is the Process Like 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 believes 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 is a complex and delicate legal process and working with an experienced cancellation of removal lawyer is extremely important at every step of this process.

Stage One:

Prepare and file form EOIR 42 B or EOIR 42 A with the Immigration Court along with payment of the U.S. Immigration Service filing fee.

Stage Two:

Prepare individual’s testimony and appear at a Master Calendar Hearing and an Individual Hearing. At these hearings, the individual will present evidence in the form of documents, affidavits and testimony that will need to demonstrate that the individual’s qualifying relatives will suffer exceptional and extremely unusual hardship if the individual is ordered removed. (Note that the burden of proof on the individual is extremely high).

Stage Three:

If the Immigration Judge determines that the individual has met their burden of proof, the removal proceedings will be cancelled, and U.S. legal permanent residence will be granted to the individual.

What are the Fees of our Boston Immigration lawyers?

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Where Can I Get More Information?

• 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
• Watch video: Deported from the USA? You may still remain in the US