What is Cancellation of Removal?

What is Cancellation of Removal?

Being threatened with deportation is an extremely vulnerable situation — especially if you are unsure about what to do next. If you’ve received a notice to appear before an immigration court, you’ll need to have the best deportation defense possible to keep you in the United States. Read on to find out if you may be eligible for cancellation of removal to stop your deportation.

How Does the Process of Cancellation of Removal Work?

There are two cancellation of removal options for immigrants that are used to stop deportation. Here’s how each one works:

Cancellation of Removal (42A) for Lawful Permanent Residents

If you are a green card holder who has been placed in removal, you must prove the following to an immigration judge:

  • You’ve had permanent residency status for at least 5 years at the time of application filing
  • You have continually lived in the United States for at least 7 years after being admitted in any status
  • You have not been convicted of an aggravated felony
  • You have not applied for cancellation of removal (212c) in the past
  • The reasons why you deserve to keep your green card

Cancellation of Removal (42B) for Those Without Lawful Status

If you are facing deportation and are without legal status in the United States, you may be eligible to apply for cancellation of removal if you can prove to an immigration judge the following:

  • You have been living in the U.S. for at least 10 years prior to receiving notice of removal
  • You have been a person of good moral character during your presence in the U.S.
  • You’ve not had any convictions involving offenses involving moral turpitude
  • Your removal will cause extreme hardship for a U.S. citizen or lawful permanent resident who is an immediate family member

How to Get Started with Cancellation of Removal

Appearing before an immigration judge will need preparation and knowledge of immigration law in order to increase your chances of a favorable decision. When applying for cancellation of removal or any other deportation defense, the evidence to support your case is critical. The best way to start the cancellation of removal process is to hire an immigration attorney. Having an immigration attorney in your corner can make all the difference in the outcome of your case.

Contact an Immigration Lawyer Today

If you or a loved one has been placed in removal proceedings or needs assistance with any other immigration matter, we can help. Contact Yekrangi & Associates today at (949) 478-4963 for all your immigration needs.

Categories:

Contact Us

Let's Get Started on Your Case Together.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.