Cancellation of Removal
Representation for permanent residents and nonpermanent residents seeking cancellation in immigration court.
Cancellation for nonpermanent residents — INA § 240A(b)(1)
Generally requires at least ten years of continuous physical presence, good moral character for the relevant period, no convictions within specified statutory bars, and exceptional and extremely unusual hardship to a U.S.-citizen or lawful-permanent-resident spouse, parent, or child. The stop-time rule, qualifying-relative requirements, and discretionary factors can be decisive. Hardship to the applicant alone ordinarily does not satisfy the qualifying-relative requirement.
Cancellation for lawful permanent residents — INA § 240A(a)
Generally requires at least five years as a lawful permanent resident, seven years of continuous residence after admission in any status, and no aggravated felony conviction. The stop-time rule, criminal history, prior relief, and other statutory restrictions may affect eligibility. A favorable exercise of discretion is still required.
Developing the evidentiary record
We review the complete immigration and criminal history, evaluate medical, educational, and financial hardship, obtain records and witness testimony, and use qualified evaluations when they genuinely support a disputed issue. The evidence must address the legal standard for the particular form of cancellation.