Cancellation of Removal

If you are an LPR or are undocumented in the United States and are in removal proceedings, you may be eligible for Cancellation of Removal. Cancellation of Removal enables an otherwise removable person, to become an LPR before an immigration judge. To be eligible for Cancellation of Removal, individuals must meet certain requirements. However, even after meeting all the requirements the decision to grant Cancellation of Removal is left wholly to the discretion of an immigration judge. Because a positive outcome is so dependent on the immigration judge’s opinion of the case, it is of utmost importance that you are represented by a competent, passionate immigration attorney. Alonso and de Leef, PLLC is extremely well-versed in Cancellation of Removal and will fight for your case.

The eligibility requirements for cancellation of removal vary for LPR individuals and undocumented individuals.

Eligibility for LPRs:

• LPR status in the United States for a minimum of five years
• LPR individual must have continuously resided in the United States for a period of five years before the commission of the removable offense, or before being placed in immigration proceedings, whichever occurred first, and
• LPR individual has not been convicted of any aggravated felonies

Eligibility for undocumented individuals:

• Undocumented individuals must have maintained continuous physical presence in the United States for a period of at least 10 years, during which the individual has shown good moral character
• The 10-year period of physical presence and good moral character must immediately precede the removal proceedings or conviction
• The undocumented individual’s removal would cause extreme and unusual hardship to an LPR or United States Citizen spouse, child, or parent

In addition to the factors indicated above, there are several factors that make individuals ineligible for Cancellation of Removal. Alonso and de Leef, PLLC can help you determine whether you are eligible for Cancellation of Removal. Please contact us to schedule a free consultation, so that we can plan an adequate removal defense strategy in your case.