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Cancellation of Removal

What is Cancellation of Removal?

Cancellation of removal is a form of relief that is available to permanent and non-permanent residents in the U.S. under certain circumstances, where the Department of Justice, immigration judges, or the Board of Immigration Appeals may decide to cancel the deportation of an individual based on humanitarian grounds.

  • The most basic requirement is that the applicant must have lived in the U.S. for either 7 or 10 years by the time they submit their application.

  • If the deportation proceedings have not started yet, one cannot apply for cancellation of removal, and thus cannot acquire a Green Card on the basis of 10 years of residence.

  • This application must be submitted to an immigration judge and approved by them.

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Who Can Apply for Cancellation of Removal?

Permanent residents facing deportation who:

  • Have held permanent resident status for at least five years;

  • Have continuously resided in the U.S. for more than seven years prior to the deportation proceedings;

  • Have not committed any aggravated felonies in the U.S.;

  • Do not fall under categories that are inadmissible on grounds of national security.

Non-permanent residents (including those with illegal status) facing deportation who:

  • Have lived in the U.S. for at least ten years;

  • Have immediate family members who are U.S. citizens or Green Card holders;

  • Can demonstrate that their deportation would result in exceptional and extremely unusual hardship to their family members (a critical and challenging aspect of this application);

  • Do not fall under inadmissible categories (such as marriage fraud, criminal offenses, document fraud, or posing a threat to national security).


What is the Application Fee for Cancellation of Removal? (subject to change)

  • (As of December 2022) For permanent residents, EOIR-42A form:

      Application fee: $100.00

      Biometrics fee: $85

  • (As of December 2022) For non-permanent residents, EOIR-42B form:

      Application fee: $100.00

      Biometrics fee: $85

 

What Services Does AllBelief Law Firm Provide?

  • We provide a complete and clear list of materials required for the cancellation of removal, giving you a clear view of all the materials needed.

  • We help collect and organize your application materials.

  • We clearly answer all questions related to your application.

  • We help categorize and organize materials that need to be translated.

  • We analyze the facts of your case, prepare legal arguments, and draft the application letter.

  • We help fill out and submit EOIR-42A or EOIR-42B application forms for cancellation of removal.

We assist in responding to inquiries from immigration judges and provide training for your cancellation of removal interview.

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