Cancellation of Removal
MARK A. PEREZ, ATTORNEY AT LAW
Guide To Cancellation of Removal
If you or a loved one is in removal proceedings, it may feel like everything you’ve built in the United States is at risk. The thought of being separated from your family, career, and community can result in sleepless nights for you. But for some people, cancellation of removal offers a lifeline.
Mark A. Perez, Attorney at Law, understands what is at stake in deportation cases. I work tirelessly to guide my clients through the process, helping them meet the cancellation of removal requirements and building the strongest case possible. With decades of experience in immigration law, I know what it takes to improve your chances in front of the immigration judge.
Schedule a confidential consultation with me today and I’ll help you explore your options for staying in the U.S.
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What Is Cancellation of Removal?
Cancellation of removal is a type of relief available in immigration court that allows certain noncitizens to avoid deportation and, in some cases, even obtain lawful permanent resident status. Essentially, it’s a way to cancel the government’s effort to remove you from the country if you meet specific legal requirements.
However, this form of relief is not automatic; you must apply for it while in removal proceedings and convince the immigration judge that you qualify. Considering its discretionary nature, meaning the judge has the final say, working with an experienced attorney like Mark A. Perez can make all the difference.
What Are the Cancellation of Removal Requirements?
The law sets out strict eligibility requirements to qualify for cancellation of removal, which differ depending on whether you are a lawful permanent resident (LPR) or a non-lawful permanent resident (non-LPR).
To qualify as a non-lawful permanent resident, you generally must show:
- At least 10 years of continuous physical presence in the United States.
- Good moral character during that time and no disqualifying criminal convictions.
- That your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident relative.
If you already have a green card but are facing deportation due to certain issues, you may still apply if you:
- Have been a lawful permanent resident of the U.S. for at least 5 years.
- Have lived in the United States for at least 7 years after a lawful admission.
- Do not have aggravated felony convictions.
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What is the Cancellation of Removal Process Like?
Here’s a step-by-step overview of what to expect from the cancellation of removal process:
- The government places you in removal proceedings and issues you with a Notice to Appear (NTA).
- You then appear in immigration court for a master calendar hearing, and your attorney requests cancellation of removal.
- We gather all supporting evidence, affidavits, and records to prove your eligibility and hardship.
- Your case is presented before the judge at an individual hearing, with testimony, evidence, and legal arguments.
- The judge decides whether to grant or deny your cancellation of removal application based on the strength of the argument made and the evidence presented.
If your application is granted, you may avoid deportation, and in some cases, you may receive lawful permanent resident status.
What Is the Cancellation of Removal Success Rate?
Many clients ask about the cancellation of removal success rate, and the truth is that it depends heavily on each case. Success rates vary based on factors like the strength of your evidence of hardship, your record of good moral character, and whether you have skilled legal representation.
Nationwide, approval rates are limited because the law sets such a high standard, especially for non-LPR cancellation. However, with proper understanding of the cancellation of removal requirements and preparation, many clients succeed.
Why Hiring an Immigration Attorney Matters for Cancellation of Removal
Trying to navigate cancellation of removal on your own is not recommended; the process is complex, involves strict deadlines, and often requires persuasive legal arguments. Some of the key advantages of legal guidance include:
- Analyze Your Eligibility: We carefully review your immigration history and circumstances to determine whether you qualify for cancellation of removal or another form of deportation relief.
- Prepare Evidence of Hardship: We work with you to gather all the necessary documents and information that show the full impact removal would have on your family.
- Represent You in Court: We advocate for you before the immigration judge, presenting your case clearly and effectively while highlighting your strengths, minimizing weaknesses, and building a compelling argument.
Schedule a Consultation with Mark A. Perez Today!
Deportation is one of the most stressful challenges an immigrant can face, but cancellation of removal may give you the chance to stay in the U.S. with your family. The cancellation of removal requirements are demanding, and the process can feel intimidating, but you don’t have to face it alone.
At Mark A. Perez, Attorney at Law, we are dedicated to protecting your rights and fighting for your future. We know how to navigate immigration court, how to prove hardship, and how to maximize your chance of success. Contact us today for a consultation and let us stand by your side as you pursue cancellation of removal.
