Cancellation of Removal

Cancellation of Removal Attorneys

Sophisticated Removal Defense Solutions

When you are targeted for removal, you will need to explore the full extent of your deportation defense options. Cancellation of removal is a type of discretionary relief that may be available if you have lived in the United States for a long time and meet other eligibility criteria. 


Our Charlotte cancellation of removal lawyers are ready to fight for you when you have been placed in removal proceedings. We have a track record of success, winning every case taken to court in 2021. Our team at Lively Law Firm will evaluate your unique circumstances and determine whether you qualify for this powerful form of relief. We understand what you are going through and are prepared to utilize all of our firm’s resources to protect your future in the United States.

Do not wait to call 980-222-0078 or contact us online to explore your legal options with us. We serve clients nationwide and provide our legal services in English and Spanish.

Cancellation of Removal for Non-Permanent Residents


If you are not a lawful permanent resident and are placed in removal proceedings, cancellation of removal can not only stop the deportation process but also provide you with a green card. This visa allows you to live anywhere in the U.S. and work most types of jobs. It also potentially offers a path to citizenship. Our Charlotte cancellation of removal attorneys know how to approach these applications and will help you build a persuasive case.


To qualify for cancellation of removal as a non-permanent resident, you must have:


  • Maintained continuous physical presence in the United States for at least ten years. You begin accruing time when you first enter the United States, but the clock will “reset” if you leave the country for 90 (or more) consecutive days or 180 days in total. You will also stop accumulating time once you receive a Notice to Appear (NTA) or commit a disqualifying crime.
  • Not been convicted of a deportable crime. Most violent crimes and aggravated felonies are considered deportable offenses. 
  • Good moral character. This generally means you must also not have been convicted of fraud, prostitution, most drug crimes, or any crime that results in a prison sentence of 180 days or more. 
  • An immediate family member (spouse, child, or parent) who would experience extreme hardship if you were removed. Your family member must be a current U.S. citizen or lawful permanent resident. 


Only 4,000 green cards are available to non-permanent residents with approved cancellations of removal applications each year. This means you may have to wait to receive your visa even if the judge agrees to grant your request. 


E Pluribus Unum “Out of Many, One”

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Cancellation of Removal

Cancellation of Removal for Victims of Domestic Violence


Victims of domestic violence who are non-permanent residents face less-strict criteria when seeking cancellation of removal. The domestic violence must have been perpetrated by a spouse or parent who is a current U.S. citizen or lawful permanent resident. 


To qualify for cancellation of removal as a victim of domestic violence, you must:


  • Have maintained continuous physical presence in the United States for at least three years. Victims of domestic violence must only live in the U.S. for three years instead of ten. 
  • Have not been convicted of a deportable crime. This includes marriage fraud.
  • Have good moral character. The same rules for good moral character apply across all cancellation of removal eligibility categories. 
  • Prove you or your child (of a U.S. citizen or lawful permanent resident) would experience extreme hardship if you were removed. Unlike the requirements for non-permanent residents, victims of domestic violence do not necessarily need to have an immediate family member who would suffer extreme hardship. You may be eligible if you yourself would suffer undue hardship.

Cancellation of Removal for Lawful Permanent Residents


Even lawful permanent residents can potentially be removed from the country if they are convicted of a deportable offense or fail to renew their visas. In these situations, cancellation of removal can help you avoid deportation and keep your green card.


To qualify for cancellation of removal as a lawful permanent resident, you must have:


  • Had your green card for at least five years. Newer lawful permanent residents will not qualify for this form of relief.
  • Maintained continuous presence in the United States for at least seven years after being lawfully admitted. The clock only starts when you legally enter the United States. This includes time spent in the country on a temporary visa if you were able to adjust your status. 
  • Not been convicted of an aggravated felony. Many lawful permanent residents find themselves in removal proceedings after being convicted of a crime. A green card holder may be eligible for relief if the offense was not an aggravated felony.


The eligibility requirements for cancellations of removal can be confusing. Even if you seemingly meet all applicable criteria, the immigration judge will have substantial discretion when deciding whether to grant relief. Our Charlotte cancellation of removal lawyers can ardently represent you in removal proceedings and will efficiently explore all defense options.

Get the capable legal advocate you deserve. 

Contact our team at Lively Law Firm online or call 980-222-0078 today!

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