For many people facing deportation proceedings in the United States, the Cancellation of Removal may represent a hope. This legal remedy allows, under certain requirements, to stop deportation and obtain permanent residency. Although the path can be complex, knowing about this option can make a big difference.
Cancellation of Removal is a legal measure that allows certain people to avoid being deported from the United States, even if they are already in removal proceedings before the immigration court.
In many cases, in addition to stopping deportation, this application can open the door to obtaining a legal permanent residency (Green Card), which represents a great opportunity for those who have made their lives in the country.
Who can qualify for this benefit
There are two main groups of people who can apply for cancellation of removal: those who already have permanent residency (Green Card holders) and those who do not have legal status in the U.S. Each group has specific requirements that must be strictly followed. Each group has specific requirements that must be strictly followed.
Legal permanent residents
For those who already have permanent residency but are facing removal proceedings (e.g., due to a criminal conviction or an immigration mistake), this measure gives them a second chance. To qualify, one must demonstrate:
- Have been a legal resident for at least 5 years.
- Have continuous presence in the U.S. for at least 7 years since legal admission.
- Not have been convicted of an aggravated felony.
- Maintain good moral conduct.
This type of cancellation seeks to give a second chance to people who have made mistakes, but who have maintained a bond with the country and can prove that they deserve to stay.
People without legal status (undocumented)
This group includes those who entered without documents or stayed after the expiration of a visa. To access the benefit, it is necessary:
- Have lived continuously in the U.S for at least 10 years.
- Have good moral character during this time.
- No serious criminal record.
- Demonstrate that deportation would cause extreme hardship to an immediate family member who is a U.S. citizen or legal resident (child, spouse, or parent).
This type of cancellation is intended to protect vulnerable families, where the removal of the immigrant could cause profound and irreversible harm to their loved ones.
✅ Application benefits
When a judge approves cancellation of removal, the main benefit is clear: no removal from the country. But that is not all. In the cases of people without legal status, they are also granted legal permanent residency (Green Card), allowing them:
- Work legally.
- Access medical services.
- Apply for citizenship in the future.
- Travel outside the country freely.
- Provide a more stable life for their loved ones.
This is an opportunity to start a new stage in the U.S.A., with legal and emotional stability.
📌 Step by step to complete this form
Applying for cancellation of removal involves going through a formal process before the immigration court. This can take several months or even years, depending on the case and the burden on the immigration court system.
Stages:
- Receipt of a Notice to Appear (NTA): This is the official notification that a removal proceeding has been initiated against you.
- Initial hearing before the immigration judge. Here the case is explained and the intention to request a cancellation can be expressed.
- Preparation of the case: The applicant (along with his or her attorney) gathers evidence, witnesses, psychological reports, and evidence of years lived in the U.S., in addition to demonstrating the impact of possible deportation.
- Final hearing: The judge hears the applicant, reviews the evidence and decides whether or not to approve the cancellation.
- During this process, the applicant may continue to live in the country legally while his or her status is being resolved.
Therefore, it is key to prepare ahead of time, gather the appropriate documentation and seek professional support.
The importance of having an immigration lawyer
Given that this process takes place before a court, and that any mistake can have serious consequences, having a specialized immigration lawyer is not a luxury, but a necessity. A professional will know how to gather the evidence, present the case and guide each step before the judge, significantly increasing the chances of success.
Importance of psychological evaluation
Having an immigration psychological evaluation can make all the difference in a Cancellation of Removal process. This report can demonstrate how deportation would emotionally affect the family, especially citizen children. It is a key tool to strengthen the case before the judge, and although many question the price of an immigration psychological evaluation, its value lies in the impact it can have on the outcome of the process.
Are you facing deportation proceedings? It’s time to act
If you or a loved one is going through immigration proceedings and fear deportation, it is critical to act quickly and with qualified legal counsel. Cancellation of removal can represent a real opportunity to avoid family separation and start a legal life in the United States.
📞 Contact us today for professional and personalized advice
If you are applying for the removal of conditions on your Green Card or are facing complications with your immigration status, we are here to help!
