Being faced with deportation doesn’t necessarily mean it’s the end of the road for you. Cancellation of Removal is one crucial legal defense made available in immigration court. It can stop your removal and even help you stay in the U.S. with a green card.
Let’s break down what it means, who qualifies, and how to apply—step by step.
Q: What Is Cancellation of Removal?
A: Cancellation of Removal is a legal remedy used in an immigration court to stop deportation. It gives certain immigrants a chance to stay in the U.S. legally.
- If the immigration judge grants your request, you can:
- Avoid removal from the U.S.
Possibly become a lawful permanent resident (green card holder)
But here’s the catch—you must already be in removal proceedings to apply. That means the U.S. government is trying to deport you.
There are two main types of cancellation:
- For lawful permanent residents (LPRs)
- For non–lawful permanent residents (non-LPRs)
Q: Who Qualifies for Cancellation of Removal?
A: The requirements depend on whether you already have a green card.
1. If you possess a green card (LPR)
You need to fulfill all these requirements:
- You’ve been in the country for seven years straight after being admitted;
- You haven’t been convicted of an aggravated felony
- You’ve had a green card for at least five years, and
- You can provide proof that you deserve to remain in the country.
You can request that the judge revoke your removal and grant you your green card if you meet these requirements.
2. If You Do Not Have a Green Card (Non-LPR)
You must fulfill these more demanding requirements:
- You’ve spent at least ten years residing in the United States.
- You’ve shown good moral character during that time
- Deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or green card–holding spouse, child, or parent
- You have no disqualifying criminal history or immigration violations
This version is much harder to win. It’s not enough to say your child will miss you—you must show serious harm.
Q: What Is Exceptional and Extremely Unusual Hardship?
A: It means your deportation would severely impact a close U.S. family member. The court sets a high bar here.
You must demonstrate more than just emotional suffering. Examples of qualifying hardships include:
- Your spouse would go bankrupt without your support;
- Your parent is elderly and dependent on you;
- Your family member would suffer in a dangerous or unstable country;
- Your U.S. citizen child has a medical condition that requires your care;
Substantial evidence will be required, such as personal affidavits, expert opinions, and medical records.
Q: What Qualifies as a Morally Strong Character?
A: It indicates that you have behaved responsibly and by the law during your allotted time in the United States.
- If you have committed serious crimes,
- lied to immigration authorities,
- been found guilty of fraud, domestic abuse, or drug offenses,
- If you have neglected to pay taxes or child support, the court may reject your case.
However, past transgressions do not always make you ineligible. Judges may take community involvement, honesty, and rehabilitation into account.
Q: How Can I Request a Cancellation of Removal?
A: It is only while in immigration court may you apply. It’s not a typical form that you submit to the USCIS.
Among the steps are:
-
- Go to your immigration court master calendar hearing.
- Fill out the appropriate form:
- EOIR-42A (if you possess a green card)
- EOIR-42B (if not)
- Provide supporting documentation, witness accounts, and evidence.
- Go to an individual hearing where the judge entirely hears your case.
You need to be convincing and well-prepared. A knowledgeable immigration attorney is frequently essential.
Q: Can I Apply with My Family?
A: No. Cancellation of removal is an individual benefit. Your spouse or children must file cases or be included under different legal relief.
However, if your application is approved:
- You may later petition for family members through your new permanent resident status.
- Your dependents might benefit from your success, depending on your case.
Q: Can I Work While My Case Is Pending?
A: Yes, for the most part. If you have submitted the appropriate application and your case is pending, you can apply for an EAD. This permits you to work lawfully while your case is pending. A work permit allows you to provide for your family while you wait for court cases to be resolved, which can take years.
Q: What Takes Place If I Lose?
A: A motion to reopen or reconsider may be filed, or you may appeal to the Board of Immigration Appeals (BIA) if the judge rejects your request.
If you qualify, you can request additional forms of relief, such as withholding of removal, VAWA, or asylum.
Time is of the essence in this intricate process. A legal representative can guide you in the following steps and help you file paperwork correctly.
Q: Does Everyone Get a Decision in Court?
A: Not right away. Some judges make oral decisions at the hearing. Others issue written decisions weeks later.
Under your pending case status, you can stay in the United States while you wait.
Final Thoughts
For immigrants already in court, cancellation of removal is a lifeline. You may be able to legally remain in the United States and even apply for a green card if you are eligible and win your case.
However, the path is difficult. Judges anticipate compelling arguments, substantial evidence, and genuine hardship. That’s why it’s so important to work with an experienced immigration attorney.
Visit Immigration Question to speak with a licensed immigration attorney who can guide you with your cancellation of removal application or if you’re facing deportation and want to learn more about your options.
