Understanding Cancellation of Removal

What is Cancellation of Removal?

Cancellation of removal is a form of relief from deportation available to certain noncitizens who are in removal proceedings before an immigration judge. It allows eligible individuals to have their removal proceedings canceled and obtain lawful permanent residency (a green card) if they meet specific statutory requirements.

Is it Hard to Win Cancellation of Removal?

Winning cancellation of removal can be challenging due to the stringent eligibility criteria and the discretionary nature of the relief. However, with strong legal representation and compelling evidence, individuals may increase their chances of success in obtaining cancellation of removal.

Qualifying Relative for Cancellation of Removal:

For cancellation of removal, a qualifying relative typically refers to a spouse, parent, or child who is a U.S. citizen or lawful permanent resident. The qualifying relative’s hardship is a crucial factor in demonstrating eligibility for cancellation of removal.

Eligibility for 42B Cancellation of Removal:

To be eligible for 42B cancellation of removal, individuals must meet the following criteria:

• Have been physically present in the United States for a continuous period of at least ten years.
• Have demonstrated good moral character during the ten-year period.
• Show that their removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.