Cancellation of Removal Lawyer: Protect Your Future in the U.S.
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When your family’s future in the United States is at risk, every moment and every decision matters. Cancellation of removal is an important relief option for immigrants facing deportation, providing a path to stay and keep their families together here in the United States. Our experienced immigration lawyers at Alonso & Alonso have over 15 years of proven success fighting for families like yours. We know how stressful and frightening this process can be.
We are a family and client-centered team with a full bilingual staff that speaks English and Spanish fluently. We’re here to help you understand your options and walk you through every step with compassion and respect. Even if things seem uncertain right now, you’re not alone. Contact us anytime for a free cevaluation by calling 855-663-4763 or completing our online contact form.
What is Cancellation of Removal?
Cancellation of removal is a legal process that lets certain immigrants ask a judge in immigration court to be allowed to stay in the United States instead of being deported. Its main purpose is to keep families together and offer another chance to people who meet specific rules about their time living in the U.S., their criminal record, and the hardship that removal would cause their families.
Only a judge in immigration court can grant cancellation of removal, and it is not something you can apply for on your own outside of court. This option is designed for people who are already facing removal proceedings, not for those who simply want to prevent deportation.
It’s important to understand that cancellation of removal is different from regular deportation defense. While deportation defense can cover many ways to fight removal, cancellation of removal is just one possible form of relief. At Alonso & Alonso, our immigration lawyers assist with cancellation of removal cases, but we do not offer comprehensive deportation defense services.
If you believe this option may help you and your loved ones, we can discuss the next steps during a complimentary evaluation.
Eligibility for Cancellation of Removal
Not everyone facing deportation qualifies for cancellation of removal. The requirements depend on your immigration status and personal circumstances. Below are the main eligibility criteria depending on your status.
Eligibility for Non-Permanent Residents (Non-LPR Cancellation)
This path is for non-LPRs – people who do not yet have permanent residence. To qualify:
- You must have lived in the United States continuously for at least 10 years
- You must prove good moral character for those 10 years
- You cannot have criminal convictions for certain criminal offenses that would disqualify you
- You must show that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident spouse, parent, or child
Eligibility for Lawful Permanent Residents (LPR Cancellation)
Those with LPR status – Green Card holders – can seek cancellation if:
- They have been a lawful permanent resident for at least five years.
- They’ve lived in the United States continuously for at least seven years after entering the country lawfully.
- They haven’t been convicted of an aggravated felony. This is a specific category of criminal offenses in immigration law that can include certain serious offenses, such as some domestic violence cases, certain theft or fraud offenses, and drug trafficking charges, depending on the circumstances.
This option is intended for green card holders who have made the U.S. their home but suddenly face removal for reasons other than serious crime.
Eligibility for VAWA Cancellation of Removal
VAWA (Violence Against Women Act) cancellation is a special option for certain spouses or children – even those without permanent legal status – who have experienced abuse. You must meet the following criteria:
- You are, or were, the spouse, child, or parent of a U.S. citizen or lawful permanent resident who subjected you (or your child) to battery or extreme cruelty.
- You lived with the abuser
- You are a person of good moral character, meaning you haven’t committed certain serious offenses that would question your character (for example, violent felonies, drug offenses, or marriage fraud)
- Proof of extreme cruelty at the hands of your abuser
Determining if you qualify for cancellation of removal isn’t always as simple as it might seem. Our attorneys can assist you in making this determination and exploring all your options.
6 Common Reasons Cancellation of Removal Cases Are Denied
Cancellation of removal is a significant tool used in deportation proceedings, but it isn’t always approved. Understanding the main reasons these requests are denied is crucial so you can minimize mistakes as much as possible.
1. Not Enough Evidence of Exceptional and Extremely Unusual Hardship
Many cases are denied because the applicant does not clearly show that removal would cause exceptional and extremely unusual hardship to a spouse, parent, or child who is a U.S. citizen or lawful permanent resident. It’s not enough to mention separation or financial loss. Detailed, documented examples, such as medical records, school reports, proof of special needs, or psychological evaluations, are often required to demonstrate real and lasting harm to qualifying family members.
2. Inconsistent Testimony
If your record has any inconsistencies in it, this is a huge red flag for an immigration judge. If your answers in court don’t match the information on your forms – for example, addresses, your relationship history, or how long you’ve been in the U.S. – the judge may have serious doubts about your honesty.
3. Criminal History Issues
Certain criminal convictions automatically make a person ineligible for cancellation of removal. This usually includes aggravated felonies, drug cases beyond simple possession, and serious violent criminal offenses. Even charges that occurred many years ago, or cases that were sealed or dismissed, could still cause problems for you.
4. Filing Errors
Mistakes on the application are common reasons for dismissal. Issues such as leaving sections blank, using the wrong version of a form, listing incorrect information, or missing a filing deadline can all lead to a case being thrown out before the judge considers the substance of your request.
5. Failure to Provide Enough Supporting Documentation
Without a strong paper trail, it can be hard to prove things like residence history, relationships, income, or schooling. Supporting evidence such as bank records, lease agreements, medical paperwork, birth certificates, and expert letters builds your case for both hardship and eligibility.
6. Not Meeting Burden of Proof
The person applying for cancellation of removal, not the government, carries the responsibility to prove every aspect of the case. You must demonstrate eligibility, continuous presence, good moral character, and hardship. If you’re unable to do this, your request won’t be granted.
These cases are incredibly challenging to handle, but an experienced lawyer knows what steps to take to give you the best chance of success.
The Cancellation of Removal Process
The process of requesting cancellation of removal can be confusing for someone who isn’t a legal professional and hasn’t been through it before. Understanding the process can help alleviate some of your stress and provide you with an idea of what to expect. The steps usually include:
Notice to Appear (NTA) Issued
The process begins when you receive a Notice to Appear from the Department of Homeland Security. This document informs you that the government has initiated removal proceedings against you and lists a date for you to appear in immigration court.
Master Calendar Hearings
You’ll attend several brief hearings called master calendar hearings, where the judge checks the status of your case, asks about your eligibility, and gives you deadlines for filing paperwork.
Filing EOIR-42A or EOIR-42B
You or your attorney must submit the correct application for cancellation of removal – EOIR-42A for permanent residents, or EOIR-42B for non-permanent residents – along with any required filing fees.
Collecting Supporting Evidence
You need to gather documents that prove you are eligible, showing how long you’ve lived in the United States, what your personal and family ties to the country are, information about your family, evidence of good moral character, and anything else that can support your case.
Individual (Merits) Hearing
At this longer, in-depth hearing, you answer questions under oath and present evidence. Witnesses may also testify, either for you or the government.
Judge’s Decision
At the end, the judge issues a written or oral decision. If your application is approved, non-permanent residents and VAWA applicants receive LPR status, while LPRs retain their LPR status and avoid removal.
Appeals Options (If Denied)
If the judge denies your application, you can usually appeal your case within 30 days to the Board of Immigration Appeals for further review.
These cases are complex, and there is no fixed timeline on how long they can take. It could be months or years, partially due to court backlogs. The best step you can take is to speak with an experienced lawyer who understands immigration law so you can get started.
Evidence Needed to Win a Cancellation of Removal Case
To win a cancellation of removal case, you need to present strong evidence that you are eligible. Some of the most compelling types of proof you may need to present include:
Medical records
Show any ongoing or severe health issues for yourself or your family members, as these help establish hardship.
Mental health evaluations
Reports from counselors or psychologists can demonstrate the emotional or psychological impact separating your family would have.
School reports
School records for your children may reveal special needs, consistent achievement, or how a move could negatively affect them.
Financial documents
Employment history, pay stubs, tax returns, and bills show your long-term stability and clarify how your removal would impact your household financially.
Affidavits from friends and loved ones
Written sworn statements from loved ones, employers, teachers, or community leaders help illustrate your character and ongoing positive presence.
Proof of community ties
Club memberships, volunteer activities, and letters from organizations demonstrate that you’ve been an involved community member and contribute positively to the people and places around you.
Hardship documentation for qualifying relatives
Collect anything that can demonstrate that your U.S. citizen or permanent resident relatives truly would suffer unusual hardship if you were deported. This might include letters from therapists or medical records.
Presenting as much evidence as possible gives you the best chance at being granted cancellation of removal.
When Cancellation of Removal Is the Best Option — And When It Isn’t
Cancellation of removal is usually the best option for noncitizens/non-permanent residents who are already in removal proceedings, especially those who have lived in the U.S. for many years and have strong family connections to those with citizenship or lawful permanent residents. It can be a lifeline for long-term residents who meet strict requirements and whose families would suffer greatly if they were sent away.
However, cancellation of removal is not suitable for everyone. If you have been convicted of a serious crime, you probably will not qualify. For those who don’t meet the requirements, or whose risk isn’t deportation but something else, other options may be a better fit, such as applying for asylum, VAWA protection for abuse survivors, a U visa for certain crime victims, or seeking prosecutorial discretion.
Each pathway to remaining in this country is different, and the best way to determine your best option is to speak with an attorney.
The Benefits of Working with an Experienced Cancellation of Removal Attorney
Going through cancellation of removal proceedings on your own is never advisable – there’s so much on the line, and you need someone who knows what they’re doing. Here are some of the primary benefits of working with an experienced cancellation of removal attorney:
Gathering Proof of Hardship:
An experienced attorney helps you collect medical, school, financial, and other critical records that prove your U.S. family members will face exceptional hardship if you are removed to your home country.
Preparing Detailed Declarations:
Your lawyer helps you write out your story and family situation in official statements called declarations. They’ll help you put everything into words in a way that makes sense to the court.
Working with Medical, Psychological, or Financial Experts:
Your attorney can connect you with doctors, therapists, or financial specialists who can provide professional reports that strengthen your application.
Building a Compelling Argument for the Immigration Judge:
Your legal team will put all of the facts of your case together and present it to the judge. They’ll make legal arguments about the burden of proof and explain why your request should be granted.
Preparing the Client for Court Hearings:
Your attorney coaches you on how immigration court works, what questions to expect, and ways to respond so that you know what to say and aren’t caught off guard.
Identifying Weaknesses and Fixing Them Before Court:
A cancellation of removal lawyer who has handled these cases before can look at your evidence and overall case and see what the weaknesses are before it’s presented in court. This helps you avoid mistakes that could ruin your chances.
When you prepare thoroughly with an immigration attorney, you have a chance at remaining in the United States with your loved ones.
Client Success Stories
They are so kind and understanding at this law firm. Every employee is happy to help you. I truly appreciate them, as we’ve been to many different lawyers and nobody can compare to the way they treat their clients. I love how they are consistent with calls and texts letting you know in which phase of the process that your case is in. Highly recommend their services. They were able to get my dad a work permit even when we thought it’d be near impossible!!
It’s been a pleasure working with the firm Alonso & Alonso , they have been keeping me updated about my case and answer all the questions that I may have. The whole staff have been amazing and super helpful thank you so much for your patience and for going above and beyond for your clients.
WIN.!!WIN.! WIN.!!!!!!They won my removal and deportation case. I could have get deported. It was an impossible case. Attorney Chris Alonso and his team is amazing. I am really thankful to the whole team of Alonso & Alonso Law firm. Now I can work freely and hopefully will get my green card soon. Throughout the process they were professional, honest and helpful. The way they presented my case in the court was simply professional, humble and proud of the their skills.
Thanks Alonso & Alonso Attorneys at Law, you saved my life and future.!🙏🙏
I’m very happy with their service. Best customer service. They keep you updated very well through out the process.
I am very happy to be a part of the Alonso and Alonso family. Very professional and attentive. They always keep me inform of how my case is going. I also love it that they take there time to review my case and make sure everything is right on point . I understand that this takes time to me it doesn’t matter how long it takes as long as my lawyer get me what will change my life . Thank you family for taking my case when no other lawyers would . Keep doing a great job and making our dreams come true. May god bless you Mr Chris and Vanessa and there professional team.
This team has been one of the most consistent, attentive and more with my case. They always answer my calls quick and have the patience for all of my questions;They inform me about everything so well . I’m glad to be a part of Alonso & Alonso law.
Why Choose an Immigration Attorney From Alonso & Alonso for Cancellation of Removal Defense?
Many families choose Alonso & Alonso because our experienced team knows how to handle these stressful situations. Our bilingual lawyers speak both English and Spanish, ensuring clear communication throughout the process. We approach every case with sensitivity, understanding the trauma and fear that so often come with facing deportation proceedings.
No matter what your situation is, we’ll make sure you and your family get the attention you deserve. Over the years, we’ve delivered successful outcomes and protected hundreds of families from separation and loss.
Contact Alonso & Alonso Attorneys at Law for a Free Cancellation of Removal Case Evaluation
If you’re worried about being removed from the country and how it’s going to affect you and your family, you don’t have to go through it alone. We know this process can be overwhelming and emotional, but the right legal team can help protect your future in the United States. Taking the first step is as simple as reaching out. Your evaluation is free and completely confidential. Call us today at 855-663-4763, send us a message on WhatsApp at 210-529-6025, or visit our website to schedule your free appointment with attorneys who are ready to stand up for your family.
Cancellation of Removal - Frequently Asked Questions
Is it hard to win cancellation of removal?
Cancellation of removal cases can be difficult to win because the standards are very strict and the judge has full discretion over the final decision. That doesn’t mean it’s not possible, though. Our lawyers have helped many individuals fight removal proceedings using this tool.
What is the process for cancellation of removal?
The process involves facing removal proceedings in immigration court, filing the appropriate paperwork and presenting evidence, attending individual hearings, and waiting for the judge’s final ruling.
What is the approval rate for cancellation of removal?
Approval rates vary by court, judge, and individual circumstances. Working with a lawyer will generally improve your chances of a successful cancellation of removal.
Can a removal order be cancelled?
Yes, if the judge grants cancellation of removal, the removal order is cancelled, and the applicant may be allowed to remain in the U.S.
