Cancellation of Removal Services
Victoria Barr Law provides expert legal representation for individuals seeking cancellation of removal to avoid deportation and secure lawful U.S. residency.
Related Deportation Defense Services
What Is Cancellation of Removal?
Cancellation of removal is a form of relief granted by an immigration judge that allows eligible individuals to avoid deportation and remain lawfully in the U.S. Applicants must meet strict eligibility criteria based on immigration status, family ties, and length of U.S. residence.
Who Is Eligible for Cancellation of Removal?
- Lawful Permanent Residents (LPRs): Must have maintained LPR status for at least 5 years and have lived in the U.S. for 7 continuous years.
- Non-Permanent Residents: Must have lived in the U.S. for at least 10 years and demonstrate good moral character.
- Exceptional Hardship: Deportation must cause exceptional hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
- No Disqualifying Criminal Convictions: Certain criminal offenses can make applicants ineligible for cancellation of removal.
Required Documents for Cancellation of Removal
- Proof of continuous residence (tax returns, utility bills, rental agreements)
- Birth certificates of qualifying relatives
- Character reference letters
- Proof of employment and financial support
- Medical records (if applicable)
- Legal records showing no criminal history or documentation of rehabilitative efforts
Cancellation of Removal Process
- File the Application: Submit Form EOIR-42A or EOIR-42B along with supporting documents.
- Attend Master Calendar Hearings: Appear before an immigration judge to schedule individual hearings.
- Prepare for the Individual Hearing: Present evidence, witness testimony, and legal arguments.
- Immigration Judge’s Decision: The judge will grant or deny the application based on the merits of the case.
- File an Appeal (if necessary): If denied, the case can be appealed to the Board of Immigration Appeals (BIA).
Why Choose Victoria Barr Law?
- Deportation Defense Experts: We have extensive experience handling complex cancellation of removal cases.
- Comprehensive Case Preparation: We compile strong evidence, prepare witnesses, and build compelling legal arguments.
- Representation at Every Stage: From application submission to appeals, we represent clients through the entire process.
- Bilingual Legal Services: We provide legal services in English and Spanish for clear communication and personalized support.
Avoid Deportation with Expert Legal Defense
Our experienced attorneys are ready to fight for your case and help you remain in the U.S. Contact us for a personalized consultation today.
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Frequently Asked Questions About Cancellation of Removal
Cancellation of removal is a form of relief that allows certain non-citizens to avoid deportation and gain lawful permanent residency if they meet specific eligibility requirements.
Eligibility depends on whether you are a lawful permanent resident (LPR) or non-LPR. LPRs must meet residency and moral character requirements, while non-LPRs must show 10 years of continuous presence, good moral character, and hardship to qualifying relatives.
LPR cancellation applies to Green Card holders who meet specific criteria, while non-LPR cancellation is for undocumented immigrants who demonstrate exceptional hardship to qualifying relatives if deported.
You can apply for cancellation of removal during removal proceedings before an immigration judge by submitting Form EOIR-42A for LPRs or EOIR-42B for non-LPRs.
You present evidence and testimony to show that you meet the eligibility requirements. The judge will evaluate your case and decide whether to grant relief or order deportation.
You may need to provide evidence of your residency, good moral character, financial ties, medical hardship, and the impact of your deportation on family members who are U.S. citizens or lawful permanent residents.
You must prove that your removal would cause “exceptional and extremely unusual hardship” to a qualifying relative, such as a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
The process can take months to years, depending on immigration court backlogs, the complexity of your case, and whether appeals are filed.
If denied, you may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days or explore other legal options with an attorney.
Yes, you may apply for work authorization (EAD) if you have a pending cancellation of removal case and meet the eligibility criteria.