Cancellation of removal is immigration relief that allows certain noncitizens in the U.S. to avoid deportation and, in many cases, obtain lawful permanent resident status (a green card). When an immigration judge grants cancellation of removal, they stop removal proceedings and let you remain in the U.S. lawfully. The process is available only to those who meet strict eligibility requirements during formal removal proceedings, not through U.S. Citizenship and Immigration Services (USCIS).
At EMP Law, we help individuals in North Carolina navigate the complex immigration system, including defending against deportation through cancellation of removal. Our immigration attorneys represent clients in lawful permanent resident and non-permanent resident cases, as well as other forms of relief such as asylum. We provide strategic, compassionate representation tailored to your case, including defending you in immigration court.
Please don’t hesitate to contact us online or call (336) 724-2828 today for a consultation.
What Is Cancellation of Removal?
Cancellation of removal allows certain individuals to request that an immigration judge stop deportation and grant them permission to remain in the U.S. lawfully. You can only request it in removal (deportation) proceedings.
Types of Cancellation
The types of cancellation available depend on your legal status, particularly whether you are a lawful permanent resident (LPR) or not. Certain abused spouses, children, or parents of U.S. citizens or LPRs may also qualify under the Violence Against Women Act (VAWA), which uses different time and hardship requirements.
Eligibility for Cancellation of Removal
To be eligible for cancellation of removal as an LPR, you must:
- Hold LPR status for at least 5 years;
- Have continuously lived in the U.S. for at least 7 years after admission; and
- Not have been convicted of an aggravated felony.
Generally, continuous residence means you have not taken extended trips outside the U.S.
For non-permanent residents, you must:
- Live in the U.S. continuously for at least 10 years before removal proceedings;
- Maintain good moral character during those 10 years, avoiding immigration and criminal violations; and
- Prove that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Exceptional and extremely unusual hardship is a high standard that usually requires showing that you leaving the U.S. would seriously harm your family member’s health, education, or safety.
If you apply based on VAWA, you must have been battered or subjected to extreme cruelty in the U.S. by a U.S. citizen or LPR spouse or parent, or have a child who is a U.S. citizen or LPR who has been battered or subjected to extreme cruelty by a U.S. citizen or LPR parent. You or the child may apply if you:
- Maintained continuous physical presence in the U.S. for three years;
- Had good moral character during those three years;
- Have not committed any disqualifying crimes; and
- Prove that removal would cause extreme hardship to you, your child, or your parent.
Proving extreme hardship is a less strict standard than proving exceptional and extremely unusual hardship.
What Happens If Cancellation of Removal Is Granted?
If an immigration judge grants cancellation of removal, they terminate removal proceedings against you. So, if you have your removal proceedings terminated, what next?
LPRs keep their green card status. Non-permanent residents, including VAWA-based applicants, usually receive lawful permanent resident status and a green card.
How Long Does It Take for Cancellation of Removal?
Processing times vary greatly depending on immigration court backlogs and the complexity of your case. In North Carolina, immigration cases often take one to several years before the judge makes a final decision to grant cancellation.
What to Do After Cancellation of Removal
If an immigration judge grants cancellation of removal:
- Keep copies of your court decision and any new immigration documents,
- Apply for your green card,
- Follow all immigration and criminal laws to protect your status, and
- Consider applying for U.S. citizenship when you become eligible.
If the judge denies your case, you may still have legal options, including appealing to the Board of Immigration Appeals (BIA).
Get Help with Cancellation of Removal in NC
At EMP Law, we defend clients against deportation, including through cancellation of removal. We work to protect your future and keep your family together. We have experience helping clients with all types of backgrounds, including those with spotless records and those with criminal convictions and other challenges in their applications.
If you are in removal proceedings or believe you may qualify for cancellation of removal, contact EMP Law today.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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