calendar icon
SCHEDULE YOUR APPOINTMENT
Contact Us

How to Get Cancellation of Removal to Protect Your Immigration Status

How to Get Cancellation of Removal to Protect Your Immigration Status

Facing removal (deportation) leads to consequences that impact you and your entire family. Knowing what options are available to you is the first step to protecting your legal status in the United States and avoiding a removal.

Cancellation of removal can be used if an individual is eligible. This form of relief saves you the time and cost of having to leave the country while protecting your future.

The following will help you understand what a cancellation of removal is as well as the requirements for eligibility.

Understanding Cancellation of Removal
Cancellation of removal effectively terminates any removal proceedings and allows you to remain in the country.

Cancellation of removal may result in a green card for those who successfully present their EOIR42B Application. While this is pending, the applicant is eligible for work authorization and drivers license.

Individuals who are facing removal may apply for a cancellation if they have a case already open in an immigration court.

Until there is an established date at which you are to appear before an immigration judge, you won’t be able to apply.

Also, if a removal order has already been issued and your case has been closed, you won’t be able to secure a cancellation of removal.

In some cases, immigrants may be able to plead their case and convince the courts to have their case reopened. This can allow them to apply for a cancellation.

More importantly, the courts may use their discretion when approving a removal cancellation. This occurs even if you’ve met all of the requirements for eligibility.

Eligibility Requirements for Cancellation of Removal
In order to obtain a cancellation of removal, permanent resident aliens must have been legally admitted as a permanent resident for a minimum of 5 years.

More importantly, they must have lived in the U.S. on a continuous basis for a period of 7 years since being admitted into the country. Also, convictions related to aggravated felonies make individuals ineligible for cancellation of removal.

Immigrant residents who have served in the military for a minimum of 2 years don’t have to meet the other eligibility requirements. Those who are no longer in the military must demonstrate that they were honorably discharged.

Nonpermanent residents must have been continuously present in the U.S. for a minimum of 10 years in order to qualify for cancellation of removal.

In addition to being a person of “good moral character”, they must be free of certain criminal convictions while demonstrating that their removal would result in exceptional or unusual hardships to family members who are U.S. citizens or legal permanent residents.

Crimes that are considered “petty offenses” by the courts don’t disqualify a person from applying for cancellation of removal.

Exceptional and unusual hardships caused to a family member are defined based on a number of factors. These include the person’s length of residence, age, and health.

If the family member’s opportunities for education or quality of living will be negatively impacted by someone’s removal, then they may meet the standards for hardship.

Applying for Cancellation of Removal
Immigrants who meet the eligibility requirements must complete Form EOIR-42A or EOIR 42B and submit all supporting evidence to meet high burden of proof.

Applicants must pay all the fees required when filing your application and follow the instructions for submitting biographic and biometric information as outlined by the Department of Homeland Security (DHS).

Copies of applications must also be provided to the DHS’s Assistant Chief Counsel as well as U.S. Immigration and Customs Enforcement (ICE).

Applicants must make sure that their applications are submitted to the right immigration court to avoid any unwanted issues or delays.

The process of obtaining a cancellation of removal may be complex and difficult to navigate. Having an experienced attorney gives you the resources you need to file a successful cancellation application.

Cancellation of removal protects permanent and nonpermanent aliens residents from deportation. If you meet all of the requirements for eligibility, consult with an immigration attorney so that you secure your resident status and protect your family’s future.

You deserve to be represented by the first 100% CrImmigration Law Firm in the country

As the first and only law firm that remains 100% committed to the defense of non-U.S. citizens through criminal and immigration law exclusively, we know you best. We know what success looks like for you… You will work with a team committed to the education of their community, their colleagues and themselves.

logo-icon
logo-icon
logo-icon
logo-icon
logo-icon
Take a stand for your future,RIGHT NOW.

If you’re ready to relentlessly FIGHT for your freedom, and WON’T take “no” for an answer, connect with STERN Law today!

Follow us on FB for Current Immigration Policy/Law Updates

Call Us

    We respect your privacy

    STERN Law STERN Law
    So far so good. Stern law has been very attentive to my immigration legal needs
    STERN Law STERN Law
    Staff were attentive to my needs and very organized in their strategy in regards to my case. Recomm...
    STERN Law STERN Law
    Hello, in my experience in stern law it was very beautiful and exciting in the way that every day th...
    STERN Law STERN Law
    Hi I just wanted to say that I truly appreciated all the work that SternLaw did for me. They made th...
    STERN Law STERN Law
    Jessica Stern and her team are incredible! They made me feel safe and that I made the right choice w...
    STERN Law STERN Law
    Excellent
    STERN Law STERN Law
    Jessica at Stern Law is a great attorney. She is very understanding and I am very grateful toward ...
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    Excellent Service!!!
    STERN Law STERN Law
    An attorney with a passion for helping. Her approach in unique, she’s by far a great person and extr...
    Google
    STERN Law STERN Law
    Great job by all involved in my case
    STERN Law STERN Law
    excelente servicio muy recomendable
    STERN Law STERN Law
    Ms . Stern and the complete team was super caring...I was so glad to find this Law firm as I was fac...
    Google
    STERN Law STERN Law
    Best Imigration Law team ever Very recommended 👌
    STERN Law STERN Law
    Good at the job, I would highly recommend for best results
    STERN Law STERN Law
    Great great service
    STERN Law STERN Law
    Wonderful service!
    STERN Law STERN Law
    Great ‘ Thankyou
    STERN Law STERN Law
    The best service ever very please and happy
    Facebook
    STERN Law STERN Law
    My wife found Stern Law on Google. We hired Stern Law to keep our family together. Christina went to...
    STERN Law STERN Law
    Great staff and I’m happy and will send anyone at this law firm for any issues. They also take great...
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    Stern Law has been my partner and gave me a place to make my dreams come true. From the moment I ste...
    STERN Law STERN Law
    Professional team, reasonably priced.
    STERN Law STERN Law
    The are really fast at getting your case started. My documents were about to expair in less then a m...
    STERN Law STERN Law
    Simply put, they are awesome. They check in with you after the initial consultation and make sure yo...
    STERN Law STERN Law
    One of the best law firm one can have on their side , excellent service, extremely helpful and skill...
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    I have nothing but positive things to say. My Immigration case was very complicated. My only advise ...
    Google
    STERN Law STERN Law
    Call Now