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 certain nonpermanent residents. Cancellation is a discretionary form of relief subject to certain eligibility requirements. Section 240(A)(b)(1) of the Immigration and Nationality Act (INA) defines the criteria for nonpermanent residents.
How to apply for Cancellation of Removal
You can apply for Cancellation of Removal on Form EOIR-42B. You will submit and file with the Immigration Court. The burden of proof is on you to demonstrate not only that all the statutory requirements have been met. You must also show that you deserve relief as a matter of discretion.
Unlike Cancellation of Removal for Permanent Residents, there are several limitations that could potentially disqualify an individual from applying, such as criminal convictions. If USCIS grants your application, your status will become that of a permanent resident.
If you are a nonpermanent resident charged with removability, our legal team can investigate whether you legally qualify for this form of relief. DCDK Law 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. This can be a daunting task, especially with the standard of “exceptional and extremely unusual hardship” set so high.
DCDK Law will work with you to identify the merits of your case. We will assemble the necessary documentary evidence. We will craft the winning argument that will maximize your chances of prevailing in court and staying here in the United States.
Depending on the individual circumstances of your case and situation, we may be able to contest the case and/or apply for numerous forms of immigration relief.
To schedule a consultation, please contact our office or email us for more information.