If you have been here ten years and are now in removal proceedings
Cancellation of removal is a form of relief that an immigration judge can grant to a person in removal proceedings. If granted, the case ends and the person becomes a lawful permanent resident. It cannot be requested at USCIS, and you cannot apply for it unless you are already in proceedings before the immigration court (EOIR).
That creates a strange situation. Many people who would qualify have spent years avoiding any contact with immigration, and only learn about cancellation after an arrest, a traffic stop, or a denied application sends them to court. If that just happened to you, this page explains what the judge will need to see.
There are two versions: one for people who have never had a green card (Form EOIR-42B), and one for lawful permanent residents who are at risk of losing theirs (Form EOIR-42A).
Cancellation of removal requirements for non-permanent residents
For a person without a green card, federal law sets four requirements. You must prove every one of them, and the judge has discretion even if you do.
- Ten years of continuous physical presence in the United States. The clock generally stops when you are served with a Notice to Appear or when you commit certain offenses, so the ten years usually must be complete before the NTA. Short trips abroad may be allowed; long or frequent absences can break the chain.
- Good moral character during those ten years. Certain convictions and conduct, such as false testimony to get an immigration benefit, can disqualify you.
- No convictions for certain listed offenses, including many drug offenses, crimes involving moral turpitude and aggravated felonies.
- Exceptional and extremely unusual hardship to a qualifying relative: your spouse, parent or child who is a U.S. citizen or lawful permanent resident. Hardship to you alone does not count.
What counts as exceptional and extremely unusual hardship
This is the hardest part of most cases. The law requires more than the sadness and financial strain that any family would feel if a parent were deported. The judge looks at hardship that is well beyond the ordinary.
Factors that often matter include a child or spouse with a serious medical condition that cannot be treated in your home country, a child with special educational needs, the qualifying relative's inability to speak the language or adapt in your country, dangerous conditions there, and whether the family would be separated or forced to relocate together. The judge weighs all of it as a whole.
Proving hardship means documents: medical records, school evaluations, letters from doctors and teachers, psychological evaluations, country conditions reports, and detailed testimony. A cancellation case with thin evidence is a cancellation case that is often denied.
Cancellation of removal for lawful permanent residents
Green card holders can also be placed in removal proceedings, usually because of a criminal conviction. Cancellation under Form EOIR-42A may be available if you have been a lawful permanent resident for at least five years, have lived in the United States continuously for at least seven years after being admitted in any status, and have not been convicted of an aggravated felony.
There is no hardship requirement for this version, but the judge still decides whether you deserve a second chance, weighing your family ties, work history, rehabilitation and the seriousness of the offense.
How a cancellation of removal lawyer at USG Law Group builds your case
We start with a careful timeline of your presence in the United States and every departure, matched to documents: leases, tax returns, school records, medical records, pay stubs, church letters and anything else that places you here year by year. We also request your immigration and criminal records to make sure nothing surprises us in court.
Then we build the hardship record around your qualifying relatives, working with doctors, schools and, when helpful, evaluators. We prepare you and your witnesses to testify, file Form EOIR-42B or EOIR-42A with the court on schedule, and help you apply for a work permit (Form I-765) while the case is pending.
Attorney Sandra Leiva handles our immigration court (EOIR) cases, including cancellation hearings. At the individual hearing she presents your evidence, questions your witnesses and makes the legal argument for why you meet each requirement.
Common problems, and why families choose USG Law Group
Cases often run into trouble over gaps in the ten years, undisclosed arrests, a qualifying relative who turns 21 before the hearing, or hardship evidence that is too general. There is also a yearly limit on the number of cancellation grants nationwide, so some approved cases wait for a number before the green card is final. We will tell you about any of these risks before you decide how to proceed.
Attorney Marianela Uribe, our founder, is an immigrant herself. She is licensed in Maryland and Virginia and serves clients in Washington DC. Clients tell us we explain everything in detail and move quickly. We offer evening, weekend and virtual appointments, payment plans,, in English or Spanish. Related pages: Deportation Defense, Immigration Court, and Appeals and Motions to Reopen.
