Cancellation of Removal, Cancellation of Removal Lawyer, Cancellation of Removal Attorney

As a Rhode island K-1 Visa Attorney, James Howe has an in depth understanding of the Immigration and Naturalization Process.

Cancellation of removal is a limited form of relief for certain permanent residents and nonpermanent residents. It is available to certain nonpermanent residents who are in removal proceedings before an immigration judge, if the nonpermanent resident alien has been in the U.S. continuously for at least ten years, is of good moral character, and can establish that his or her removal would subject a lawful permanent resident or U.S. citizen, who is an immediate family member, to extreme and unusual hardship. Upon review of the evidence, the Immigration Judge may cancel removal proceedings and grant the alien permanent residence.

Permanent residents convicted of certain crimes and subsequently put into removal proceedings may also be eligible for cancellation of removal, if they were present continuously in the U.S. as a legal permanent resident for 7 years and were not arrested and convicted of a crime within their first five years of residency.

A nonpermanent resident alien that can establish the following is eligible to apply for cancellation of removal:

Demonstrate that the alien has been in the U.S. for at least ten years
Is of good moral character has not been convicted of specified criminal offenses
Alien's removal would result in extreme and unusual hardship to a spouse, parent or child who is a legal permanent resident or U.S. citizen.
Currently, an alien is only eligible to apply for cancellation once. Therefore if the cancellation is denied, or if the alien ever loses his residency, the alien cannot reapply at a later date.

Once granted legal permanent residency, the alien maintains this status indefinitely so long as he/she does not violate the rules regarding permanent residency.

Once granted legal permanent residency, the alien maintains this status indefinitely so long as he/she does not violate the rules regarding permanent residency.

The grant of residency extends only to the alien and generally any family member who is also independently eligible.

The following is a potential list of the types of documents that prove the alien's time of residency and unusual hardship to a U.S. citizen or permanent resident (others may apply as well)

Evidence that the alien has resided in the U.S. for at least ten years. These may include copies of tax filings.
Police reports from every jurisdiction the alien has resided in
School records of alien's U.S. citizen or legal permanent resident child
Medical Records or evidence of physical ailments of the immediate relative that would establish Òextreme hardship" (if applicable)
Therapy Records or Psychiatrist/Psychology Reports on effects of removal of family member on U.S. citizen or permanent resident (if available)
Evidence of Property or Assets in the U.S. belonging to the alien
Investment/Bank Statements of alien
Evidence of the alien's home country conditions that may result in exceptional hardship to the qualifying relative

The alien must be in removal proceedings to be eligible to apply for cancellation of removal. If the alien is not in removal proceedings but believes that they may be eligible for cancellation of removal, then the alien can request that the US Immigration Service serve him or her with a Notice to Appear and then transfer the case to the Immigration Court.

Stage One:
Prepare and file form EOIR 42 B or EOIR 42 A, together with the US Immigration Service filing fee, with the Immigration Court.

Stage Two:
Prepare alien's testimony and appear at a Master Calendar Hearing and an Individual Hearing. At these hearings, the alien will present evidence in the form of documents, affidavits and testimony that will establish that the alien's qualifying relatives will suffer exceptional hardship if the alien is ordered removed. (Note that the burden of proof on the alien is extremely high).

Stage Three:
If the Immigration Judge determines that the alien has met his or her burden, the removal proceedings will be cancelled, resulting in the granting of legal permanent residence to the alien.

For more information regarding Immigration Law
Click here: Immigration Law - Frequently Asked Questions