Cancellation of removal
Cancellation of removal
Cancelación de deportación
For people who have built a life here over many years, cancellation of removal asks a judge to let you stay and get a green card. It is hard, and it is worth preparing well.
This page is for you if
- You have lived in the United States for ten years or more
- You have a U.S. citizen or permanent resident spouse, parent or child
- You are in removal proceedings now
- You have a green card and are facing removal because of a conviction
In plain words
Cancellation of removal is a defense you ask for in immigration court. If the judge grants it, the removal case ends and you receive a green card.
For people without a green card, the law asks for ten years of continuous presence, good moral character, and proof that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child. That last test is hard. Ordinary sadness and money trouble are usually not enough on their own.
For people who already have a green card, there is a different form of cancellation with its own rules about years of residence and the type of conviction.
How it works with us
- 1 Count the years We map your time in the U.S. year by year and check for trips or events that could break the count.
- 2 Check the bars Some convictions and some past immigration history make you ineligible. We check before you spend money on a case.
- 3 Document the hardship Medical records, school records, letters from doctors and teachers, and evaluations by professionals where they help.
- 4 Prepare witnesses Family, employers and community members who can speak to the judge.
- 5 The individual hearing We present the case and prepare you and your family to testify.
Start gathering
What to bring to your evaluation
- Proof of each year you have lived here: leases, tax returns, pay stubs, school or medical records
- Birth certificates for your U.S. citizen or permanent resident children, spouse or parents
- Medical, school and therapy records for family members with special needs
- Every court record from any arrest, even if dismissed
Copies or phone photos are fine. Never mail us your only original.
The honest part
What we will not pretend
- Only a limited number of these green cards can be given each year, so a granted case can still wait.
- Some cases are denied even with strong families. We will tell you how your case compares to the legal standard.
- If cancellation is denied, voluntary departure may be the next-best choice. We plan for that too.
Questions people ask us
All questionsCan I apply for cancellation without being in court?
No. Cancellation of removal is only available as a defense in immigration court.
Does a traffic ticket break my good moral character?
Usually a single minor traffic ticket does not. Driving under the influence, some other offenses, and lying to immigration can. Tell us everything so we can check.
My child is a U.S. citizen. Is that enough?
A U.S. citizen child is required for many people, but it is not enough on its own. The hardship to your child has to be exceptional. We look at health, schooling and family circumstances closely.
This page is general information, not legal advice for your situation. Immigration law changes often. Talk to a lawyer about your own facts before you act.
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