Cancellation of Removal

Cancellation of removal is an immigration benefit that allows permanent residents and nonpermanent residents to apply to cancel a removal order from the immigration judge. Not only is the order of removal canceled but it also grants the applicant permanent residence.

Who qualifies to apply for cancellation of removal?
You may be eligible to have your removal canceled if you can establish that:

  1. Prior to applying for this benefit, you have lived in the US continuously from 3-10 years or more
  2. You are a person of good moral character
  3. You have not been convicted of a disqualifying offense
  4. Your removal would result in exceptional and extremely unusual hardship to your US citizen or US resident spouse, parent, or child

There are other requirements to qualify for cancellation of removal that is not listed above because they are complex laws that should be explained to you by a professional.

How long does cancellation of removal case take?

For non-detained applicants, this process can take up to 4 years, for those that are still detained and are not eligible to be released on bond they will only have a few months to prepare their case and present it before the immigration judge. This process is difficult and complex because many forms will need to be submitted with various immigration entities and you will need to present strong evidence to show the immigration judge you deserve to stay in the US with a legal status.

Winning a cancellation of removal case in the state of Texas is especially rare. This is a process a person should not attempt without competent legal representation due to its complexity and inherent risks.
If you are applying for cancellation of removal and you are not detained, you will be able to apply and receive a work permit while you await the judge’s decision on your case. This will allow you to work legally in the US, have a social security number, and apply for a driver’s license.

If you or a family member have a pending cancellation of removal case or if an immigration judge denied your application for cancellation of removal, call us. We might be able to salvage your case and give you another shot at obtaining legal status in the U.S.



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