If you are facing removal from the United States, you have options available to you. Cancellation of removal is one such option, and this may apply if you are a lawful permanent resident, non-permanent resident, or victim of domestic violence. Eligibility under each of these categories will vary, so we recommend involving an attorney who can advise and guide you.

Cancellation of removal is a type of relief for persons facing removal from the U.S., handled on a case-by-case basis, and is subject to specific qualifying criteria. Applications for cancellations of removal are made during removal hearings in Immigration Court.

Our Malden removal defense attorneys at The Law Offices of Jamie H. Gorton have experience with applying for cancellations during our clients’ removal hearings. We know how to identify eligibility and gather evidence to present to the judge, so we can seek approval that adjusts our client’s status from “deportable” to “lawfully admitted for permanent residence.”

Find out more about how you can remain in the U.S. Call (617) 902-0100 or contact us online!

Cancellation of Removal for Permanent Residents

As a permanent resident, you may apply for cancellation of removal if:

  • You have been a green card holder for at least five years.
  • You have lived in the U.S. for at least seven years since your legal admission into the country.
  • You have not been convicted of an aggravated felony.

Cancellation of Removal for Non-Permanent Residents

As a non-permanent resident, you may apply for cancellation of removal if:

  • You have lived in the U.S. for at least 10 years.
  • You are of good moral character.
  • You have not been convicted of a removable offense.
  • You can show that your removal from the U.S. would create an extreme hardship for your immediate family, who are U.S. citizens or lawful permanent residents.

Cancellation of Removal for Victims of Domestic Abuse

As a victim of domestic violence by a spouse or parent who is a U.S. citizen or lawful permanent resident, you may apply for cancellation of removal if:

  • You have lived in the U.S. for at least three years.
  • You are of good moral character.
  • You are admissible to the U.S.
  • You have not committed any deportable offenses.
  • Your removal from the U.S. would create an extreme hardship for your child, who is a U.S. citizen or lawful permanent resident.

Contact Our Malden, MA Firm

When it comes to qualifications such as “good moral character” and determining whether removal would create an extreme hardship for a family, immigration judges have a good deal of leeway. Each case is handled individually, and it will be up to you to show that you meet the qualifications to remain in the country.

Serving clients in Everett, Medford, North Boston, and across Massachusetts from our office in Malden, our lawyers are here to help with your removal hearing. If you’re eligible for cancellation of removal, we will work with you to see how we can prove this to the immigration judge. Our resolve, experience, and skill serve us well in these challenging cases.

Contact The Law Offices of Jamie H. Gorton today to discuss your removal hearing and how we can help.