Cancellation of removal: a defense to stay, if you qualify.
In deportation proceedings, certain people with roots in the United States can ask the judge to cancel their removal and grant residency. The requirements are strict. Nationwide representation.
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What is cancellation of removal?
It is a form of relief that exists only within a case before the immigration judge. If granted, it stops deportation and can provide permanent residency. There are two types: for permanent residents and for non-residents. Both have demanding requirements, and the decision is discretionary: meeting the requirements does not guarantee a grant.
The two types and their requirements
Which applies depends on your status. These are the general requirements (each element has exceptions):
For permanent residents
At least 5 years as a resident, 7 years of continuous residence after a lawful admission, and no "aggravated felony" conviction. The decision is discretionary.
For non-residents
10 years of continuous physical presence, good moral character, no certain convictions, and "exceptional and extremely unusual" hardship to a U.S.-citizen or resident spouse, parent, or child.
The hardship standard
The hardship must go far beyond ordinary family separation. It is a high standard: hardship to yourself does not count, only to your qualifying relative.
VAWA variant
For victims of abuse by a U.S.-citizen or resident spouse or parent, the requirements are reduced (for example, 3 years instead of 10).
How it is requested
Be in removal proceedings
This defense is only requested before the immigration judge, within a deportation case.
File the application
The corresponding form (EOIR-42A or 42B) is filed with evidence of your time, character, and family hardship.
Gather hardship evidence
We document hardship to the qualifying relative: medical, educational, economic, and country-conditions issues.
Individual hearing
You present your case to the judge, who decides discretionarily whether to grant relief.
How long does it take?
It usually takes several years due to court backlogs. Also, for the non-resident type there is a national cap of 4,000 grants per year, so even a winning case may wait in line for residency.
Important: a single "aggravated felony" conviction can be an absolute bar to resident cancellation. The hardship standard is high and the decision is discretionary. We do not guarantee results; we honestly evaluate whether you qualify.
Why Zavala Law Group
Immigration is a federal matter, so we represent cases throughout the United States. We are a 100% remote, bilingual firm: you can work with us from wherever you are, in Spanish or English. Attorney Salomón Zavala directs your case together with our immigration team, and we offer payment plans so cost is not the obstacle.
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