Empowering Immigrants, Strengthening America
Cancellation of removal enables qualified individuals in immigration court to stay in the United States. It can also lead to lawful permanent resident status in some cases. You must meet strict eligibility requirements and convince an immigration judge that your case qualifies under federal law.
At DeCosmo Law, we assist individuals who are facing deportation and other immigration concerns. Our immigration lawyers in Camden, NJ, can thoroughly examine your situation and help determine whether cancellation of removal is a viable option for you.
What Exactly is Cancellation of Removal?
Cancellation of removal is governed by 8 U.S.C. § 1229b, which gives immigration judges discretion to cancel a removal order if specific criteria are met. There are two main types:
- Cancellation for lawful permanent residents (green card holders)
- Cancellation for non-permanent residents
Each category has different requirements and standards.
Who Qualifies for Cancellation of Removal as a Green Card Holder?
Lawful permanent residents (LPRs) may qualify if they meet all of the following:
- A minimum of five years as a lawful permanent resident
- A minimum of seven years of continuous residence in the U.S. after lawful admission
- No aggravated felony conviction
Even if these requirements are met, the judge must still decide whether to grant relief based on the facts of the case.
Who Qualifies for Cancellation of Removal as a Non-Permanent Resident?
Non-permanent residents face a higher standard and must show:
- At least 10 years of continuous physical presence in the U.S.
- A record of good moral character during that time
- No disqualifying criminal offenses
- That removal would result in extremely unusual and exceptional hardship for a qualifying relative, such as a permanent resident or U.S. citizen child, spouse, or parent.
Federal law limits non-permanent resident cancellation of removal to 4,000 approvals per year under 8 U.S.C. § 1229b(e), making these cases highly competitive.
What Does “Continuous Residence” or “Continuous Presence” Mean?
Time in the United States isn’t always counted continuously. Certain events can stop the clock, including the commission of certain criminal offenses and the service of a Notice to Appear (NTA) in removal proceedings.
These timing rules can determine whether someone qualifies at all. They’re especially important for LPRs because they can determine whether the required seven years of continuous residence have been met for cancellation of removal.
Is Cancellation of Removal Guaranteed If You Qualify?
No. Even if you meet all eligibility requirements, cancellation of removal is discretionary. That means the immigration judge will consider:
- Your immigration history
- Family ties in the United States
- Employment and community involvement
- Any criminal or negative factors
Approval will significantly depend on the overall strength of your case.
How Our Immigration Lawyers in Camden, NJ, Can Help You Avoid Removal
When you work with our immigration attorneys in Camden, NJ, they can evaluate whether you meet the legal requirements and identify any issues that could affect your eligibility, including timing rules and prior offenses. They can also build the strongest possible case by gathering evidence of your residence, family relationships, and hardship. This includes preparing documentation and presenting your case clearly before the immigration court.
Obtain Legal Guidance From Our Immigration Attorneys in Camden, NJ, Today
Cancellation of removal can provide a path for you to remain in the United States, but it requires meeting detailed legal requirements and presenting a strong case. To learn how our Camden, NJ, lawyers at DeCosmo Law can help, book your confidential case assessment online or at 856-361-2122.