(617) 553-4718 
Text Us 24/7 
Español 
Boston Immigration Lawyers for Cancellation of Removal (10 Year Law)
What Is a Cancellation of Removal/Deportation (also known as the 10 Year Law)?
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 / 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 a 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
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.
If I have an order of deportation, would I still be eligible for any immigration benefits?
I was previously ordered deported, but I have not left the U.S. Is there anything I can do?
If you were ordered deported in the past and you have not left the U.S., you may do one of two things: 1). Apply for the court to vacate or cancel the order of deportation, in the court that issued the order of deportation; or 2). Apply with the Immigration Service to waive or cancel your former order of deportation. If you are outside of the U.S., you may request permission from the U.S. Attorney General to re-enter the country. These are extremely complicated procedures and their success depends on the individual history and circumstances of the person applying. Consult an attorney to evaluate if it is appropriate to pursue any of these options.
If I am in removal proceedings, can I renew my work authorization?
If you are in removal proceedings you may renew your work authorization in many situations. For example, if you were:
- Paroled (or permitted to enter) into the U.S. for the purpose of applying for asylum.
- If you have an asylum claim pending, for which you were previously issued employment authorization.
- If you are eligible for TPS (Temporary Protected Status)
- If you have a residency petition through employment.
- If you are eligible for relief under the “10 Year Law”
- If you have an approved VAWA petition
I am a US citizen but my spouse entered without inspection, can I assist him/her in obtaining a green card?
Yes. You may file an I-130 petition with the appropriate USCIS service center and upon approval, you must file an I-864 Affidavit of Support with the National Visa Center and a DS-230 petition with either the National Visa Center or the consulate office as directed by the government. Your spouse must attend a medical examination appointment and a biometrics appointment in his/her country of origin, as determined by the consulate (unless the person is 245(i) eligible, in which case he/she would be allowed to adjust status [I-485] inside the U.S. simultaneously with the I-130 approval). Afterwards, your spouse must appear for a visa interview at the U.S. consulate. At that time, the U.S. government will make a decision if he/she case requires a “waiver of inadmissibility” or not. A “waiver of inadmissibility” is a pardon that is requested if someone has been in the U.S. illegally for more than 180 days or if they have violated other immigration rules, like using false documents or some other unlawful method to enter the U.S. The waiver of inadmissibility application, form I-601, is presented to the consulate and the consulate will forward the application to a USCIS officer for adjudication. This generally takes 10 months (the range of time for this is 4 to 24 months). The application must demonstrate that the resident or citizen spouse would suffer extreme hardship if the alien, or foreigner, is not able to return to the U.S.
My relative was stopped at a U.S. airport and released to my custody, what are my responsibilities and what does my relative have to do?
What are the USCIS Filing Fees?
Fees for form EOIR B (for the undocumented individual) or form EOIR A (for the legal permanent resident)
(Verify the U.S. Immigration Service fees as these change regularly).
What are the Fees of our Boston Immigration lawyers?
Learn more about our immigration legal fees.
Call 617-303-2600 to schedule an initial consultation with one of our experienced cancellation of removal lawyers in Massachusetts or fill out our online appointment request.
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
Print This Page
