Cancellation of Removal: How to Fight Deportation

If you’re facing deportation and need an answer that allows you to stay in the United States, a legal process known as cancellation of removal may be the best remedy for you.

There are differing eligibility requirements based on whether you’re a lawful permanent resident or a non-permanent resident. Let’s look at those requirements and what the process entails.  

If you’re a lawful permanent resident facing a deportation procedure, you need to meet the following criteria to use the cancellation of removal procedure:

• At least five years of lawful permanent residency.
• At least seven years of continuous residence in the U.S. after lawful admission.
• No aggravated felony conviction. 

If you’re a lawful non-permanent resident facing a deportation procedure, the criteria you need to meet to use the cancellation of removal procedure are more rigorous:

• At least 10 years of continuous physical presence in the U.S. before applying.
• Good moral character during this period.
• No convictions of certain criminal offenses.
• Proof that removal would cause exceptional and extremely unusual hardship to a qualifying relative, such as a U.S. citizen or LPR spouse, parent, or child. 

No matter which categories you fall under, it’s important to be able to show the immigration judge that you deserve to have your removal canceled. This is generally done by showing the positive contributions that you’ve made to society or your community and that these good acts outweigh any reason supporting your removal.

To apply for cancellation of removal, lawful non-permanent residents need to file Form EOIR-42A, and lawful non-permanent residents need to file Form EOIR-42B. Both forms require submission of supporting documentation, including evidence of residency, good moral character, and hardship to qualifying relatives. 

Detailed evidence in support of your application can include records, affidavits, medical reports, and school records. You will also need to attend a hearing where you’ll provide testimony explaining your circumstances and answer questions from both the judge and a government attorney explaining why you are deserving of consideration. 

After hearing your testimony, the immigration judge will evaluate your application and the supporting evidence you’ve provided. They’ll also consider your statutory eligibility and other discretionary factors.

If your application is approved, the removal proceedings will be terminated, and you’ll be able to remain in the U.S. If you’ve gone through this process as a lawful non-permanent resident, the result of going through this procedure is that you’ll be granted permanent resident status. 

Unfortunately, this is not a simple process, and there are limits to how many of these grants are provided to lawful non-permanent residents each year. If this is a process that you need to go through, your case will be significantly strengthened by working with an experienced immigration attorney.