How Do I Apply for Cancellation of Removal?

Facing the threat of removal can be one of the most stressful and life-altering challenges for immigrants in the United States. For many, cancellation of removal offers a vital opportunity to avoid deportation and safeguard their future in this country. Here, we’ll walk you through what cancellation of removal means, who may qualify, and how you can strengthen your application with the help of experienced legal guidance.

What Is Cancellation of Removal?

Cancellation of removal is a type of legal relief that allows certain individuals in removal proceedings to remain in the U.S. and, in some cases, adjust their status to that of a lawful permanent resident. Essentially, it is a defense against deportation granted at the discretion of an immigration judge to individuals who meet specific eligibility requirements.

This form of relief is not automatic and can be complex to secure. It hinges on proving that removal from the U.S. would cause significant hardship to you, your family, or both. The stakes are high, but with the right legal team, your chances of success can improve significantly.

Who Might Qualify?

Eligibility for cancellation of removal depends on many factors. There are typically two categories of individuals who may apply for this relief:

1. Lawful Permanent Residents (LPRs): If you are a green card holder, you may qualify if:

• You have been a lawful permanent resident for at least five years.
• You have resided continuously in the U.S. for at least seven years after being lawfully admitted.
• You have not been convicted of an aggravated felony and maintain good moral character.

2. Non-Lawful Permanent Residents (Non-LPRs): For those without a green card, you must meet these criteria:

• You have been present in the U.S. for at least 10 years.
• You can demonstrate good moral character during this period.
• Your removal would result in “exceptional and extremely unusual hardship” to a citizen or lawful permanent resident spouse, parent, or child.
• You have not been convicted of certain disqualifying offenses.
• Evidence Required to Support Your Application

When it comes to cancellation of removal, the burden of proof lies with the applicant, which makes it critical to present compelling evidence to support your case. Examples of evidence that could strengthen your application include:

• Documentation of your residency history (leases, pay stubs, or utility bills).
• Evidence demonstrating good moral character, such as community involvement or testimonials from employers or colleagues.
• Proof of the extreme hardship your deportation would cause, including economic, medical, or educational impact on dependents.

Each case is unique, and tailoring your evidence to your specific circumstances is essential.

How Villarrubia & Rosenberger, P.C. Can Help

At Villarrubia & Rosenberger, P.C., we understand the fear and uncertainty that removal proceedings can bring. Many of our attorneys have personally experienced or witnessed the challenges immigrants face, giving us a deep empathy for our clients’ struggles. With over 15 years of experience in immigration law, our firm will help you protect your rights and guide you through your cancellation of removal application.

We collaborate closely with government agencies, including immigration courts, and stay updated on constantly shifting immigration laws. This ensures that your case is presented with precision and excellence. From gathering evidence to preparing you for court hearings, we will work to build a strong defense, always with your future in mind.

Choosing the right legal counsel can have a significant impact when fighting for your right to stay in the U.S. Contact Villarrubia & Rosenberger, P.C. today. Together, we’ll craft a strategy that prioritizes your needs and aims to achieve the best possible outcome for you and your family.