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What is Cancellation of Removal in immigration court?

Los Angeles, CA |

I would appreciate if you can tell me who initiates this in immigration court? Is it the judge who says you qualify or not or it is the LPR who decides whether he or she qualifies and then requests the judge to get him the cancellation during the hearing? How does this specific process work. When someone has been denied the waiver and has been sent to immigration court to renew the green card through the judge, is the cancellation of removal the only way to get the green card assuming that the LPR qualifies to one of the option of the removals available? What if the LPR has been present in the US for only 3 years, does it mean that he or she will be better off convincing the judge through evidences of bonafides instead, seeing that he/she does not qualify for any cancellation of removals?

Attorney Answers 5

  1. If you are a green card holder that the government is trying to deport, you may apply to the Immigration Judge for Cancellation of Removal using form EOIR-42B (plus supporting documents) if you meet each of the following conditions:

    1.You have been a lawful permanent resident of the U.S. for at least five years;
    2.You have resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings);
    3.You have not been convicted of an aggravated felony;
    4.You are not inadmissible from the U.S. on security grounds.

    In order to be granted cancellation of removal, you must be able to convince the Immigration Judge that the positive factors in your case outweigh the negative factors.

    Please see

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. If you have been put into removal proceedings ... you really need to talk to a lawyer.

    You are the one who asks for 'relief' from deportation ... with the help of a lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. I agree with Mr. Shusterman. Well said.

    Free Consultation Anywhere in USA | 626-399-4194 | |

  4. When you say you were denied the waiver, are you referring to the I-751 or something else? If you are in immigration court, you need to consult an immigration attorney. You should not represent yourself in immigration court. Bad idea.

  5. Consult an immigration attorney ASAP!

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or or consult with your own legal advisor before taking any action based on information appearing here.

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