Overcoming Deportation Through Cancellation of Removal

For immigrants facing removal proceedings, cancellation of removal can be a vital legal defense that allows them to remain in the United States.

Who Qualifies for Cancellation of Removal?

Eligibility depends on legal status. For lawful permanent residents, requirements include continuous residence, good moral character, and no aggravated felony convictions. Non-permanent residents must prove at least ten years of physical presence, good moral character, and that deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member.

Proving Hardship in Court

Hardship is one of the most challenging elements to prove. Courts consider factors like medical conditions, educational disruption, and financial dependence of U.S. citizen family members. Documentation such as medical records, school reports, and expert testimony can strengthen a case.

The Importance of Legal Strategy

Cancellation of removal cases involve presenting testimony, cross-examining government witnesses, and filing legal briefs. Having an experienced immigration attorney can mean the difference between deportation and the ability to remain in the country.

Long-Term Benefits

If granted, cancellation of removal may allow the immigrant to adjust to permanent residency. This provides stability, work authorization, and a path to eventual citizenship.