Cancellation of removal is a form of immigration relief available to certain non-U.S. citizens who are facing deportation proceedings. When cancellation of removal is granted, the immigration judge stops the removal process, allowing the individual to remain lawfully in the United States.
Only an immigration judge has the authority to grant cancellation of removal, and this type of relief is available in limited situations. Both lawful permanent residents (green card holders) and individuals without permanent status may qualify if they meet specific legal requirements.
The attorneys at Behar International Counsel APC represent clients in deportation defense cases and help determine whether cancellation of removal may be an option.
If you are a lawful permanent resident, you may qualify for cancellation of removal if you are placed in removal proceedings due to certain criminal convictions or other immigration violations.
An immigration judge may grant cancellation of removal to a permanent resident if the following conditions are met:
You have been a lawful permanent resident for at least 5 years
You have lived in the United States continuously for at least 7 years after being admitted in any status
You have not been convicted of an aggravated felony
These requirements can be complicated. For example, the calculation of the 5-year and 7-year periods may be affected by certain events, and determining whether a crime qualifies as an aggravated felony often requires legal analysis.
Because of these complexities, permanent residents facing removal should seek advice from an experienced immigration attorney.
Even if you do not have a green card, you may still qualify for cancellation of removal in some situations.
A non-permanent resident may be eligible if all of the following are proven:
You have been physically present in the United States for at least 10 years
You have maintained good moral character during those 10 years
You have not committed certain crimes that make you inadmissible or removable
Your removal would cause exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident
Qualifying relatives may include:
spouse
parent
child
The hardship must be significantly greater than the difficulties normally experienced by families facing deportation.
Examples of strong cases may involve serious medical conditions, special educational needs, or other extraordinary circumstances affecting U.S. citizen or permanent resident family members.
Special rules may apply to individuals who have been victims of abuse by a U.S. citizen or lawful permanent resident spouse or parent.
You may qualify if you can show:
You were subjected to abuse or battery by a U.S. citizen or permanent resident spouse or parent
You have lived in the United States for at least 3 years
You have demonstrated good moral character for the required period
You have not committed disqualifying criminal offenses
Your removal would cause extreme hardship to you or to a qualifying family member
These cases often require detailed documentation and careful preparation.
To request cancellation of removal, you must provide documents proving that you meet the legal requirements.
Examples of supporting evidence may include:
tax returns and employment records
school records or transcripts
lease agreements and utility bills
medical reports and doctor letters
educational or psychological evaluations
statements from family members and witnesses
You will also need to prepare a written declaration explaining your situation.
In most cases, you must testify in immigration court, where the judge will evaluate your credibility and the strength of your evidence.
At Behar International Counsel APC, we help clients prepare strong applications supported by detailed documentation and testimony.
Several legal rules can affect eligibility for cancellation of removal:
Stop-Time Rule
Your period of continuous residence may stop when you are served with a Notice to Appear in immigration court.
Breaks in Physical Presence
Long trips outside the United States may interrupt continuous presence.
Generally, staying outside the U.S. for more than 90 days at one time, or more than 180 days total, may affect eligibility.
Judge’s Discretion
Even if you meet the legal requirements, the immigration judge has discretion to approve or deny the application based on the overall circumstances of your case.
Work Authorization
In some situations, applicants for cancellation of removal may be eligible for employment authorization while their case is pending.
Cancellation of removal can allow you to remain in the United States even when you are facing deportation. However, the process is complex, and strict legal requirements must be met.
Because immigration law is complicated and every case is different, professional legal guidance is extremely important.
The attorneys at Behar International Counsel APC have extensive experience representing clients in removal defense and cancellation of removal cases. We carefully review each situation, prepare the necessary evidence, and advocate for our clients in immigration court.
If you are in removal proceedings or concerned about deportation, contact Behar International Counsel APC to schedule a confidential consultation and discuss your legal options.
