Cancellation of Removal

Cancellation of Removal — A Path to a Green Card Through Court

Cancellation of removal (non-LPR) is one of the most powerful — and difficult — forms of relief available in immigration court. If granted, it results in a green card for the applicant. It is only available to individuals who are not lawful permanent residents and who are in removal proceedings.

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Requirements

Continuous physical presence in the United States for at least 10 years
Good moral character throughout the 10-year period
No conviction for certain disqualifying criminal offenses
Exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child

This is a high standard. Ordinary hardship — even significant hardship — is not enough. The hardship must be substantially beyond what would normally be expected from deportation.

The Hardship Standard

Courts look at the totality of the circumstances when evaluating hardship to the qualifying relative. Relevant factors include the relative’s ties to the U.S., their age, health, financial situation, and what would happen to them if the applicant were removed.

Children’s educational needs and social ties are particularly important.

What We Do

We build comprehensive cancellation of removal packages that include detailed declarations, supporting affidavits, country condition reports, and evidence of hardship to qualifying relatives.

We present the case in immigration court and, if necessary, pursue an appeal to the BIA.

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