Cancellation of Removal

Facing removal (deportation) proceedings is one of the most stressful experiences a family can endure. At Joseph & Hall P.C., we understand the anxiety and uncertainty you are feeling. Cancellation of Removal is a form of relief available to certain non-citizens who are in removal proceedings before an immigration judge. If granted, this relief cancels the deportation order and can even lead to lawful permanent residence (a Green Card).

We pride ourselves on providing effective representation for our clients facing deportation proceedings. Our experienced lawyers will walk you through the process and fight to achieve the best possible outcome for you and your family.

For Lawful Permanent Residents (Green Card Holders)

If you already have a Green Card but are facing deportation due to a criminal conviction or other violation, you must prove:

1. Legal Status: You have been an LPR for at least five years.
2. Continuous Residence: You have resided continuously in the U.S. for at least seven years after being admitted in any status.
3. No Aggravated Felonies: You have not been convicted of an aggravated felony.

For Non-Permanent Residents (Undocumented Individuals)

If you do not have a Green Card, the bar is higher. You must demonstrate:

1. Continuous Presence: You have been physically present in the U.S. for a continuous period of at least 10 years prior to the issuance of the Notice to Appear (the document starting your deportation case).
2. Good Moral Character: You have been a person of good moral character for those 10 years.
3. No Disqualifying Convictions: You have not been convicted of certain crimes that make you inadmissible or deportable.
4. Exceptional and Extremely Unusual Hardship: You must prove that your removal would result in “exceptional and extremely unusual hardship” to your U.S. citizen or LPR spouse, parent, or child. This is the most difficult element to prove.

How to Apply

Applying for Cancellation of Removal is a challenging legal procedure that takes place in Immigration Court.

1. Identify Your Eligibility: Before filing anything, we must review your immigration and criminal history to ensure you qualify.

2. File Form EOIR-42:

• EOIR-42A: For Lawful Permanent Residents.
• EOIR-42B: For Non-Permanent Residents.

Note: These forms must be filed with the Immigration Court, not USCIS, and require a filing fee.

3. Submit Supporting Evidence: Along with the application, you must submit a substantial amount of documentation proving your residence, character, and hardship.

4. Biometrics: You will need to attend an appointment to have your fingerprints taken for background checks.

5. Individual Hearing: This is your “trial.” You will testify, witnesses may speak on your behalf, and your attorney will present your case to the Immigration Judge.

Strengthening Your Case: Evidence Matters

Success in these cases often comes down to the quality of your evidence. To prove “exceptional and extremely unusual hardship” or “good moral character,” documentation is key.

• Medical Records: If a qualifying relative has a serious illness requiring treatment available only in the U.S., detailed medical reports are essential.
• School Records: For children, show how they are thriving in U.S. schools or if they have special educational needs.
• Community Ties: Letters of support from pastors, employers, neighbors, and community leaders help establish your good character.
• Financial Documents: Tax returns, pay stubs, and property deeds show your contributions and the financial impact of your potential removal.

Your Immigration Ally

Cancellation of Removal cases are fact-intensive and require a deep understanding of legal nuance. Joseph & Hall P.C. has a national reputation for excellence in providing legal services to those facing these exact challenges. We’ve walked alongside many clients in difficult situations, guiding them from fear to security.

If you or a loved one is in removal proceedings, do not wait. Contact Joseph & Hall P.C. today to schedule a consultation with our immigration lawyers. Let us help you protect your future in the United States.