What is Cancellation of Removal in immigration court?

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?

Los Angeles, CA -

Attorney Answers (5)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

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... more
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

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... more
John Grayson Davidson

John Grayson Davidson

Immigration Attorney - Los Angeles, CA
Answered

I agree with Mr. Shusterman. Well said.

Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
Jay Ignacio Nunez

Jay Ignacio Nunez

Immigration Attorney - Irvine, CA
Answered

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.

Anna Tsibel Moreas

Anna Tsibel Moreas

Immigration Attorney - Agoura Hills, CA
Answered

Consult an immigration attorney ASAP!

DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to... more

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