What is Cancellation of Removal?

Stop Missouri Deportation Proceedings Immediately!

Are you facing deportation in St. Charles, Missouri? Don’t panic! Gateway Immigration Law Firm is here to help you understand your options including cancellation of removal. What is cancellation of removal? This article will explain what it is and how the Missouri immigration attorneys at Gateway Immigration Law Firm can help you stay in the United States.

What is Cancellation of Removal?

Cancellation of removal is a type of assistance, sometimes known as a waiver of deportability, available to non-U.S. citizens in St. Charles, Missouri who are facing deportation proceedings. Those whose applications were approved can legally remain in the United States because an immigration court canceled their deportation. Only an immigration judge has the authority to award removal cancellation.

Both lawful permanent residents (LPRs, those who have a green card) and nonresidents (non-LPRs; those who do not have a green card) of St. Charles, Missouri can request for cancellation of removal.

Non-LPR (Non-Residents): Who Is Qualified in St. Charles, MO for Removal Cancellation?

  • Have been present physically in the United States for 10 years straight prior to the issue date of the Notice to Appear; 
  • Have been present physically in the United States for 10 years straight prior to the issue date of the Notice to Appear; 
  • Have never been convicted of any crime that would render them inadmissible;
  • Their US citizen or permanent resident spouse, parent, or child will experience exceptional and extraordinary difficulty if they were to be removed from the US.

Non-LPR (Non-Residents): Proving Your Eligibility for Removal Cancellation Is Your Responsibility or “Burden”

Proving that you are eligible for cancellation of removal is your responsibility. It’s a remedy that is discretionary, meaning that even if all the requirements are met, the judge may still decide whether you deserve a cancellation or not. Therefore, it’s essential to demonstrate that you’re sincere, honest, and deserving to live in the United States and obtain a green card. 

To convince the judge, it is important to provide much evidence to prove that you satisfy the basic requirements as well as deserve cancellation of removal. If there’s an issue in your immigration case that could make you disqualified or make the immigration judge reject your request, it is advisable to consult an immigration lawyer. It is also recommended to seek legal assistance for help in completing your application and preparing your supporting documents. 

Non-LPR (Non-Residents): Satisfying the Ten-Year Residency Requirement for Removal Cancellation

To be eligible for non-LPR cancellation, it needs to be demonstrated that you were continuously and physically in the U.S. for a period of 10 or more years. An exception to this is if you completed 2 years of active service in the armed forces of the United States, wherein those 2 years are sufficient alone to meet the required length of time for a non-LPR cancellation. 

Your arrival date in the U.S. marks the start of the 10-year “clock.” The arrival date does not need to be your most recent arrival. Your arrival date could be the date you “moved” to the U.S., provided that you don’t have any single absence from the United States that exceed 90 days, or several absences accumulating to more than 180 days after that. These absences would reset the clock. As such, you would need to start accruing 10 years again.

The clock will also stop when you either receive an NTA (Notice to Appear) in immigration court for the removal proceedings or if you commit specific types of crime. Additionally, if you leave the United States voluntarily, the clock can also stop. Written declarations and testimony from others who know you well can be sufficient to prove 10 years of US residence. But, if there is any documentation of your residences in the U.S., such as rental receipts, pay stubs, credit card bills, and others, it is recommended that you present them to the immigration court.

Non-LPR (Non-Residents): Satisfying the “Qualifying Relative” Criteria for Removal Cancellation

In order to be eligible for cancellation of removal under I.N.A. (Immigration and Nationality Act) § 240A(b)(1)(D), an undocumented immigrant should have family who is a “spouse, child, or parent” and “a U.S. citizen or a foreigner lawfully admitted for permanent residence.” 

If you’re relying on your child, the legal definition of a “child,” found in I.N.A. Section 101(b), must be considered. This definition states that your child has to be below 21 years old and unmarried, which immigration courts have interpreted as meaning it applies at the time that the immigration judge makes a decision on the case (Mendez-Garcia v. Lynch, 10/20/2016). 

This is unfortunate because this means that the court proceedings must be completed before the child turns 21, which can be difficult due to the backlog of cases in immigration courts. It may take more than a single hearing date to reach the end of cross-examination and testimony by the government’s attorney, after which a decision must be issued by the judge or soon after that.

Non-LPR (Non-Residents): Satisfying the “Extremely and Exceptionally Unusual Hardship” Criteria for Cancellation of Removal

All removal causes hardship, and to be eligible for non-LPR cancellation, the hardship of the U.S. citizen relative should be “extremely and exceptionally unusual.” It’s not enough to demonstrate that an LPR or U.S. citizen relative will suffer physically, emotionally, and financially. The applicant needs to show proof that the qualifying relative will suffer hardship to a degree beyond what is expected when a close family is deported. 

Examples of this could include a young child’s serious illness and a scarcity of available medical treatment in the home country of the undocumented immigrant, a long history of residing in the United States, children who do not know how to speak their native language, and no support structure in their home country.

Non-LPR (Non-Residents): Satisfying the “Good Moral Character” Criteria for Cancellation of Removal

A judge will reject an application for non-LPR cancellation if the applicant lacks “good moral character,” which must be demonstrated over a period of ten years. However, the clock does not stop when an applicant undergoes removal proceedings, and the foreign national is allowed to count backward from the judge’s decision in the case, or even the Board of Immigration Appeals (B.I.A.)’s decision if the case goes to an appeal. 

Positive factors that can be used to demonstrate good moral character include steady employment,  commitment to family, volunteer work, and rehabilitation after any crimes. However, applicants are permanently barred from establishing good moral character if they have been convicted of an aggravated felony or murder after November 29, 1990, or have been involved in genocide, persecution, torture, or severe violations of religious freedom. 

If there are negative factors in a case, such as criminal convictions that can make someone ineligible for non-LPR cancellation, it is recommended that you speak to our St. Charles, Missouri immigration attorney. Immigrating to the US or returning after a felony conviction can have a major effect on your immigration status. Therefore, it is important to seek the advice of an ICE enforcement attorney to help you with your pending immigration case.

LPR/Green Card Holder: Who Is Qualified in St. Charles, MO for Removal Cancellation?

Even lawful permanent residents (green card holders) face removal proceedings and, eventually, deportation. Convictions for specific crimes are a prevalent way for a lawful permanent resident to become undesirable and/or deportable, resulting in a removal proceeding.

If you’re a lawful permanent resident of St. Charles, Missouri, and are facing deportation, you’re potentially qualified for cancellation of removal. This relief is only accessible to those appearing in Immigration Court in front of an immigration judge. It enables you to keep your green card. Yet, in order for you to have success, you must show that you:

  • Have been a legal permanent U.S. resident for a minimum of 5 years prior to filing the application
  • Have continuously lived in the United States for a minimum of 7 years following admission under any status and prior to the “stop-time rule” being invoked
  • Haven’t been convicted of a serious felony
  • Have also not previously received cancellation of removal or 212(c) relief and, as a matter of discretion, deserve to win your case and retain your green card

LPR/Green Card Holder: How a Lawful Permanent Resident in St. Charles, MO Can Apply for Cancellation of Removal

After it has been determined that you satisfy the basic qualifying criteria for applying for cancellation of removal for an LPR (lawful permanent resident), you must file and submit your case to the Immigration Court. The decision on whether you will get to keep your green card or be ordered removed will be made by the Immigration Judge.

LPR/Green Card Holder: Understanding the Requirements for Cancellation of Removal 

To file for cancellation of removal for LPRs, you must accomplish and submit form EOIR-42A. You must complete this form and provide details about your family, your stay in the US, and yourself. It is necessary to be very accurate when filling out the form, as any discrepancies could lead to a denial of your application. 

Additionally, Part 7 of the form contains a lot of questions answerable by yes and no that is designed to find out if your removal is eligible for cancellation. If you think one of the questions answer is a “yes,” it is best to consult with a Missouri immigration attorney before you submit your application

There is a filing fee for both form EOIR 42A and biometrics. All these fees can change, so it is important to check the US Department of Justice website’s forms page before you file your application to know the most recent fee information. Applicants above 14 years of age need to show up for their biometrics appointment to be fingerprinted before the merits hearing in the Immigration Court. 

Furthermore, applicants should be aware that they may be required to provide additional documentation or evidence in support of their application. An immigration lawyer at Gateway Immigration Law Firm can help you understand what documents are necessary and how to submit them properly. Book an appointment now!

LPR/Green Card Holder: Gather Evidence to Strengthen Your Request for the Cancellation of Your Removal

Your responsibility as an applicant is to prove that you’re eligible and should be granted cancellation of removal. You must provide proof of: 

  • Having lawfully and permanently resided in the United States for a minimum of 5 years when filing the application
  • Having continuously lived in the United States for a minimum of 7 years after having been admitted in any status and before the “stop-time rule” is triggered 
  • Never been convicted of an aggravated felony 
  • Never before received cancellation of removal or a 212(c) relief, and are deserving of a favorable decision based on discretion. 

Several criteria can sometimes be proven simultaneously using the same set of documents. Furthermore, the government will be able to identify whether you have previously been convicted of an aggravated felony or have previously been involved in a  removal process after reviewing your biometric information. 

If you have a history of crime, you should get official dispositions of all your arrests to show that you have not been convicted of any aggravated felony. It’s also strongly advised that you get legal advice before conducting this analysis.

LPR/Green Card Holder: Establish an Incontestable Paper Trail of Continuous U.S. Residency

In order to establish that you lawfully and permanently resided in the United States for a minimum of 5 years and have continuously maintained 7 years of residence, you must provide documentary evidence. This evidence can take the form of photocopies of your green card, Form I-94 Arrival/Departure document, marriage certificates, birth certificates of children born in the United States, transcripts of federal income tax, receipts, leases/deeds, employment records, school records, medical records, notarized affidavits from people who know you well, and many more. 

Additionally, digital data such as location records from social media platforms like Facebook or proof of rides with ride-sharing services like Lyft or Uber can be used to support your claim.

LPR/Green Card Holder: Prove Your Worthiness for the Judge’s Use of Discretion

When applying for cancellation of removal, it is essential for lawful permanent residents to provide evidence that they meet basic eligibility requirements. The major part of the hearing will focus on determining whether you should or should not be allowed to keep your green card, and the Immigration Judge has a large amount of latitude in making this decision. 

The Judge will take into account any negative factors in your immigration case, such as the nature of the underlying grounds of your removal, any immigration violations committed, and any criminal record. 

Additionally, they will consider humanitarian factors such as family connections in the United States, hardship to you and your family members in the event that you will be deported, community ties, employment history, business ties, length of stay in the United States, and any proof of rehabilitation. It is also beneficial to have family and friends testify on your behalf in the merits hearing. 

Although the cancellation of removal can only be granted one time, immigration judges are usually lenient in granting it. However, it is important to present a solid case to avoid an Order of Removal

Get Legal Help for Your Deportation

When a person is in immigration court, having an attorney on their side can be critical. Although it is not a requirement, the United States government has its own lawyer pressing for your deportation. If you don’t have your own attorney to help you in presenting the evidence and legal arguments in favor of your case, you will be at a disadvantage. 

Gateway Immigration Law Firm in St. Charles, Missouri can provide the legal help you need. We specialize in immigration law and can help you understand what is cancellation of removal and how to apply for it.

Sidebar Form

Related Articles

Let our immigration attorneys help you!

Popup form

Get Your Free Copy

[gravityform id="7" title="false" description="false" ajax="true"]