One of the most frequently sought after forms of relief in Immigration Court is Cancellation of Removal. There are two types of Cancellation: one for lawful permanent residents (those who already have a Green Card) and one for nonpermanent residents.
Cancellation is a discretionary form of relief subject to certain eligibility requirements. Section 240(A) of the Immigration and Nationality Act (INA) defines the criteria for certain lawful permanent residents. The statute provides: The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien:
(1) has been an alien lawfully admitted for permanent residence for not less than five years,
(2) has resided in the United States continuously for seven years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
How to apply for Cancellation of Removal
You can apply for Cancellation of Removal on Form EOIR-42A. You can submit and file with the Immigration Court. The burden of proof is on you to demonstrate that you have met all the statutory requirements. You must also show that you deserve relief as a matter of discretion. When USCIS grants the application, you will retain your permanent residence status in the United States.
If you are a lawful permanent resident, our immigration lawyers can investigate whether you legally qualify for this form of relief. If so our attorneys will represent you in pursuing it before the Immigration Court.
Because this is a discretionary form of relief, it is not merely enough to demonstrate that you meet the eligibility requirements. In order to successfully receive a grant of cancellation, you must show the Judge how your case and circumstances warrant an approval.
DCDK Law will work with you to identify the merits of your case, assemble the necessary documentary evidence, and help craft the winning argument that will maximize your chances of prevailing in court and retaining your status in the United States.
To schedule a consultation, please contact our office or email us for more information.