Facing deportation from the United States is one of the most difficult challenges an immigrant and their family can experience. Removal proceedings can disrupt your life, separate families, and place your future in America at risk. While the process may feel overwhelming, there are legal defenses available that could allow you to legally remain in the country. One of the most effective of these is the cancellation of removal, a form of relief that may stop deportation and, in some cases, even lead to lawful permanent residency. However, the eligibility and requirements for cancellation of removal are strict and the outcome depends on how well your case is presented. Therefore, it is essential to work with an experienced immigration attorney to give your case the strongest possible chance of success.
What Is Cancellation of Removal?
Cancellation of removal is a type of relief available under immigration law that allows certain immigrants to avoid deportation and, in some cases, even gain lawful permanent resident (green card) status. Both lawful permanent residents (LPRs) and non-permanent residents may be eligible, but the requirements are strict and differ depending on the applicant’s immigration status.
Cancellation of Removal Procedure for Lawful Permanent Residents
Lawful permanent residents who have established long-term ties in the United States may be eligible to request cancellation of removal under certain conditions. LPRs may will need to establish:
- At least seven years of continuous residence in the United States,
- At least five years as a lawful permanent resident,
- Good moral character, and
- No convictions for aggravated felonies
Meeting these criteria demonstrates long-term ties to the U.S. and a history of lawful conduct, both of which weigh in favor of allowing the individual to remain.
Cancellation of Removal Procedure for Non-Permanent Residents
The rules are more demanding for immigrants who do not yet have green cards. They must prove:
- Ten years of continuous physical presence in the United States,
- Good moral character,
- No disqualifying criminal convictions, and
- Prove deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
VAWA Cancellation of Removal
Immigrants who are placed in removal proceedings may qualify for relief under the Violence Against Women Act (VAWA), which provides important protections for immigrants who have suffered domestic violence at the hands of a U.S. citizen or a Lawful Permanent Resident spouse or parent. In these situations, the applicant must show that they have had at least three years of continuous residence in the United States, good moral character, no felonies, or other disqualifying criminal convictions, and must prove that removal would result in extreme hardship. VAWA cancellation of removal is an important safeguard for survivors of domestic violence who might otherwise be left without legal protection.
Applying for Cancellation of Removal in Dallas, Texas
It is important to understand that cancellation of removal is not available to everyone. A person must first be placed into removal proceedings before an immigration judge to apply. This form of relief is requested directly in immigration court before an immigration judge, not through the U.S. Citizenship and Immigration Services (USCIS).
The process typically involves three main steps:
- Filing the Proper Form: Form EOIR-42A for lawful permanent residents or the Form EOIR-42B for non-permanent residents and VAWA applicants.
- Submitting Evidence: Supporting documentation may include tax returns, employment records, medical reports, lease/proof of residency, affidavits, and proof of hardship.
- Presenting Your Case at a Merits Hearing: At the hearing, you and your immigration attorney can provide testimony and present evidence. The immigration judge then decides whether you may qualify for cancellation of removal.
Eligibility requirements are strict and legal arguments can be complex, therefore it is always recommended to be represented by an experienced immigration lawyer.
Contact Aspire Immigration for Cancellation of Removal Assistance
If you or a loved one is facing removal, don’t go through the process alone! Cancellation of removal is a powerful but complex defense that requires careful preparation and persuasive evidence. An experienced immigration attorney at Aspire immigration can guide you through every step, protect your rights, and present the strongest possible case on your behalf. Contact us today to discuss your options and take the first step toward safeguarding your future in the United States.
