Cancellation of removal

Through cancellation of removal, you can avoid being deported from the U. S. In addition, if you receive it, you could become a lawful permanent resident and eventually become a U. S. citizen.

For any foreigner, facing a deportation case can be a distressing situation. However, this process is not always completed, since there are immigration reliefs to stop it.

The Los Angeles immigration lawyers at Lluis Law have extensive experience to help combat these cases. Call us now and we can determine if he has any alternatives to avoid removal from the U. S. 

What Is The Meaning Of Cancellation Of Removal?

Cancellation of removal is an immigration relief designed to help national foreigners who are about to be deported or removed from the United States.

This immigration relief was created by the U. S. Congress to replace the “suspension of deportation”, which was in effect until 1997. 

If you are under deportation proceedings, know that an immigration appeal process can be won. Our deportation lawyers can defend you and increase your chances of staying in the U. S.

What Is The Cancellation Of removal Process Like?

Through the cancellation of removal process, an immigrant can avoid being deported from the U. S. However, only immigrants facing deportation will be able to apply for this immigration relief.

This means that if your immigration case has already been closed, you will not be able to apply for this relief, unless you manage to reopen the case. 

In any case, some of the most used immigration strategies against deportation include:

• Asylum, in case you cannot return to your country of origin for fear of persecution.
• Seek adjustment of status based on certain circumstances.
• Challenge of the reason for deportation or inadmissibility.
• Ask the court to cancel the deportation order.

How Do I Know If I Have A Deportation Order?

Generally, you will receive a Notice to Appear (NTA) if Immigration and Customs Enforcement (ICE) has accused you of violating an immigration law. 

This notice includes all causes to place you in removal proceedings from the United States.

Cancellation Of Removal Based On NACARA

Form I-881 is intended for aliens who meet the requirements to apply for withholding of deportation or cancellation of removal under NACARA law. 

Can A Deportation Order Be lifted?

It is possible to overturn a deportation order, but only under certain criteria. Additionally, those seeking cancellation of deportation must meet several requirements:

• Have a spouse, child, or parent who is a lawful permanent resident or U. S. citizen.
• Have remained continuously in the United States for at least 10 years.
• Demonstrate good moral behavior during the 10-year period.
• Not have convictions that make you inadmissible or deportable, such as an aggravated crime.
• That deportation results in “exceptional and extremely unusual hardship” for your U. S. lawful permanent resident spouse, child, or parent.

How do I cancel a deportation order? This is something that we will explain throughout the article. If you achieve this, you will be able to live legally in the country. To learn more about the latter, read our blog “How to legally enter the United States”.

How Long Does It Take To Cancel Deportation?

The length of time depends on the immigration court, so it can be from a year to a year and a half. 

• If you win the case: The foreigner’s deportation process will end and they will no longer be deported from the country. 
• If you lose the case: The foreigner will be deported immediately. 

What Is Meant By Exceptional And Extremely Unusual Difficulties? 

An exceptional and extremely unusual hardship is the hardship you need to demonstrate before an immigration judge to obtain cancellation of removal.

Basically, you must show that deportation would cause your child, spouse, or parent significant suffering. In general, it is worse than the difficulties expected in a typical deportation. This can usually include:

• Medical problems; 
• Physicists; and
• Serious and continuous psychological disorders. Economic hardship alone would not meet this restrictive criterion.

Our team of cancellation of removal attorneys has extensive experience in immigration law to help you design the best possible strategy.

Causes To Deport A Foreigner In The United States

Generally, you must commit a violation of U. S. law to be deported from the United States. The Nationality and Immigration Act (INA) clearly indicates what types of circumstances can lead to deportation.

Among the most common causes are:

• Staying beyond the time allowed by the visa;
• Commit fraud related to documentation;
• Violate immigration status;
• Participate in crimes related to drugs, contraband, or that represent a danger to public safety;
• Commit marriage fraud.

Although most of these crimes do not involve violence, they constitute serious violations of national law. Therefore, they establish a cause for deportation. 

Additionally, there are other circumstances under which an immigrant could be deported. For example, participating in U. S. elections without being are an American citizen.

Remember that if you stay in the country, there are serious consequences for unlawful presence in the United States. However, some cases may be favorable. We invite you to learn more about this in our blog “What happens if you overstay your US visa”.

What Happens During Deportation Proceedings?

During deportation proceedings, individuals may remain in detention centers until their trial in immigration court or deportation. 

Additionally, they may face quick deportation if they did not meet entry requirements or a longer process before a judge in immigration court. 

What Is The Process For Cancellation Of Deportation And Its Benefits?

You must follow several steps and requirements to stop a removal order through cancellation of removal. To do this, you must submit one of the following two documents depending on your immigration status:

• Form EOIR-42A for lawful permanent residents; either
• Form EOIR-42B for non-resident immigrants. 

It should be noted that the procedure to follow will depend on your status in the United States. Below, we will explain these two forms in more detail.

Form EOIR-42A, Cancellation Of Removal For Lawful Permanent Residents

The Green Card grants rights similar to those of American citizens. However, under certain circumstances, a lawful permanent resident may face the possibility of being deported from the United States.

If you are a lawful permanent resident you must meet a series of basic requirements to avoid being deported:

• Demonstrate possession of the Green Card.
• Have been a lawful permanent resident for at least 5 years.
• Have remained in the country for at least 7 years with any legal immigration status.
• Maintain good moral character and not have been convicted of felonies.
• Convince the immigration judge that your application deserves to be approved.

If you meet these requirements, the steps to request cancellation of deportation become less complex. These are usually:

Step 1: File Form EOIR-42A

You must complete form EOIR-42A, providing information about your previous jobs and corresponding addresses. 

Some of the questions are designed to assess your eligibility for cancellation of removal. Therefore, you must be careful when answering them.

Step 2: Attend The Interview

Once your application is accepted, you will be called for an interview. There, you will have the opportunity to demonstrate that you meet the basic eligibility requirements and that you deserve to maintain your residency.

Step 3: Wait For The Judge’s Resolution

The immigration judge will review your case, evaluating:

• Your reasons for deportation, 
• Criminal record, and 
• Any other violation related to immigration laws. Afterwards, they will make a decision on whether your case has a favorable resolution or not.

Having the assistance of an attorney will help you prepare for the interview and ensure that you have correctly completed the necessary paperwork. Call us, as these steps are decisive to ensure your lawful permanent residence.

Form EOIR-42B, Cancellation Of Removal For Nonresidents 

Cancellation of removal cases for nonresident immigrants are often more complicated. To prove your eligibility to the judge, you must do one of the following:

First Option:

• Have been continuously present in the United States for at least 10 years.
• Deportation would cause exceptional hardship to a family member with legal status (parents, spouse or children).
• Maintain good moral character.
• Be admissible and have not committed any crimes in the U. S.

Second Option:

• Have been continuously present in the United States for at least 3 years.
• Have a child who is a U. S. citizen or lawful permanent resident of the U. S.
• Having been victims of abuse or extreme cruelty by a U. S. citizen or lawful permanent resident (also applies to your children).
• Being a minor and deportation would cause extreme hardship.
• Maintain good moral character.
• Be admissible and have not committed a crime in the U. S.

Some beneficiaries of this second option may also be eligible for other types of immigration relief. For example: 

• Special Immigrant Juvenile Status;
• T visa; either
• U visa.

However, it is recommended to analyze all the available options and select the one that best suits your scenario.

General Steps To Obtain Cancellation Of Removal In 2024

If you qualify for any of the options mentioned above and meet all the requirements, you must:

1. Complete form EOIR-42A or EOIR-42B as applicable.
2. Pay the form fee along with the biometric data fee.
3. Deliver a copy of all documents to ICE.
4. File the application with the immigration court.

Stages Of The Cancellation of removal Process

The cancellation of removal process has 3 phases or stages:

1. Preparation and presentation of the required documents.
2. Preparation and presentation of testimony in Immigration Court and then to an individual hearing.
3. Decision on the case. If the immigration judge determines that you are eligible for this relief, the removal will be canceled and the Green Card will be granted.

Because these cases are complex, representation by an immigration attorney is highly recommended. At Lluis Law, we have two lawyers with extensive professional experience in these matters. 

What Crimes Prevent Me From Requesting Cancellation Of removal?

There are certain deportable offenses. What’s more, committing them would not only make you inadmissible for cancellation of deportation, you would also be inadmissible to the U. S. permanently or be imprisoned. These crimes usually are:

• Murder;
• Money laundering;
• Crimes of violence;
• Prostitution;
• Rape ;
• Drug trafficking;
• Deception or fraud;
• Foreigner smuggling; and
• Child pornography.

If you commit any of these crimes, you may not even be able to appeal a deportation order. You also risk more severe punishment.

What happens with an illegal reentry after a deportation? It is a frequently asked question in our office that we have answered in an article. If you think this will happen to you, don’t hesitate to call us. 

Documents To Request Cancellation Of Removal

Below we will show some of the evidence that demonstrates residence in the United States:

• Proof of lawful permanent residence in the United States for the last 10 years, including copies of tax returns.
• Police reports from all areas where you have lived.
• School documentation of citizen children or lawful permanent residents.
• Medical documentation demonstrating physical disabilities that could result in extreme hardship for the citizen or lawful permanent resident family member.
• Report from therapists or mental health professionals on the impact of deportation on the citizen or lawful permanent resident family member.
• Proof of ownership or assets in the United States.
• Bank or investment statements.
• Evidence of adverse conditions in the country of origin that could cause extreme hardship for the family member.

What Can I Do If My Cancellation Of Removal Process Is Denied?

If aliens are denied immigration relief from cancellation of removal, they may file an immigration appeal request with the Board of Immigration Appeals (BIA). To do this, the foreigner must:

• File the appeal request with the BIA;
• If the reason for the rejection was due to an administrative error, it is possible that the foreigner did not complete the process correctly. To do this, you can request another hearing to make the necessary corrections before an immigration judge;
• The immigration judge will explain the reasons why they rejected the process;
• If the cancellation of removal is denied in its entirety, you will not be able to request it again.

Can A Work Permit Be Renewed Due To Cancellation Of Deportation?

This is possible in the following scenarios:

• You were admitted to the U. S. or entered under temporary parole for the purpose of applying for asylum;
• The asylum request is pending and a work permit was previously granted;
• You have a residency petition through employment;
• You are eligible for TPS in the United States.

Note: Please note that the final decision rests with USCIS. They may reject your request as it is an exemption from the poorly established law. Contact us to see your options.

How Long Does A Cancellation Of Removal Case Last?

Currently the cancellation of removal process can be extended up to 4 years for individuals who have not been detained. The reason for this delay is due to the number of immigration judges available and the number of Green Cards issued annually.

Can I Receive The Green Card After The Cancellation Of Removal Is Approved?

The short answer is yes. Cancellation of removal not only avoids being deported, it also grants lawful permanent residence (Green Card).

Additionally, beneficiaries can obtain a work permit through cancellation of removal. Of course, the case must first turn out to be favorable.

What Is The Duration Of My Lawful Permanent Residence After Cancellation Of Removal Is Approved?

After obtaining a Green Card in the United States, an individual can maintain this status indefinitely. However, you must comply with relevant regulations. In addition:

• You do not need to renew the cancellation of removal after it is approved.
• Lawful permanent resident status will not expire as long as you continue to meet the eligibility requirements. 
• The Green Card must be renewed every 10 years, and it is advisable to start the renewal process 6 months before the expiration date.

What Is VAWA Cancellation Of Removal?

If an undocumented immigrant can demonstrate that they have suffered abuse, they may be eligible for cancellation of removal under VAWA.

The Violence Against Women Act (VAWA) provides that some individuals who are victims of domestic violence have the option of applying to an immigration judge for a Green Card. 

This process is known as “cancellation of removal” based on VAWA, and is governed by Section 1229(b) of Title 8 of the United States Code.

Other Immigration Relief Options

Cancellation of removal cases are very difficult to win and require high standards for a positive outcome. 

Therefore, foreigners may consider other forms of immigration relief for which they may be eligible. For example, asylum or voluntary departure. 

Frequently Asked Questions About Cancellation Of removal

Is It Risky To Request Cancellation Of Removal?

Requesting a cancellation of removal is very risky because if the immigration judge denies the case, the foreigner must leave the U. S. For this process it is advisable to have the help of an immigration attorney who represents the case.

Is It Possible To Obtain Legal Status In The United States If I Have A Child Who Is A U. S. Citizen?

You can obtain legal status if:

• One of your children is over 21 years of age, has the capacity to support you, and applies for American residency through a family petition on your behalf if you entered the United States with a visa. If you did not enter with one, you may be eligible for an immigration waiver.
• You have been in the United States for at least 10 years and can demonstrate that one of your children would suffer extreme hardship if you were deported. If so, you can request cancellation of deportation.

If you have questions about a bringing your parents to the U. S. permanently, do not hesitate to contact us. Our professionals will be able to advise you from start to finish.

Is It Possible To Be Eligible For Immigration Benefits If I Have A Deportation Order?

If you have a deportation order, you can request a review to vacate it. If this is not possible, you may be eligible for I-212 waiver.

In any case, we remind you that this relief brings with it several benefits, such as:

• Prevent your deportation from the United States;
• Stay legally in the U. S;
• Become a lawful permanent resident;
• Get a Social Security Card;
• Gain eligibility for need-based government assistance. For example, Medicaid, food stamps and others. 

What Options Do I Have If I Have Previously Received A Deportation Order But Am Still In The United States?

You may have 2 options: 

• Request the court that issued the deportation order to cancel it; or
• Ask ICE to cancel or waive the deportation order. 

If you are outside the United States, you can ask the Attorney General for permission to return. Of course, these processes are complex, so it is advisable to consult with our professionals.

Can I Leave The Country If I Am Facing A Cancellation Of Removal Case?

Traveling while in removal proceedings is generally possible, but a travel permit is required. Without this permission, the process could continue without you and result in a deportation order in your absence.

Review our post “What is advance parole” to learn more.

Lawyers Specializing In Cancellation Of Removal

Deportation cases are overwhelming, let alone facing a cancellation of removal case. These cases are very difficult to win and not just any attorney can represent the immigrant effectively.

With only a limit of 4,000 cancellations of removal approved per fiscal year, foreigners may find themselves in a complex situation if they wish to remain in the United States. 

The Lluis Law firm has the prestige of having more than 40 years of combined experience in all types of immigration cases. If you or a family member is facing a deportation case, contact us immediately to review your case.