Cancellation of removal

Who may qualify

• It is requested only inside a removal case, before the judge. It is not an application you file with USCIS on your own.
• For non-residents: ten years of continuous physical presence in the United States, good moral character during those years, no conviction of the kind the law excludes, and proof that your removal would cause exceptional and extremely unusual hardship to a citizen or resident spouse, parent or child.
• For permanent residents facing removal: five years as a resident, seven years of continuous residence after a lawful admission, and no aggravated felony conviction.
• Time stops counting when you are served a valid Notice to Appear, or earlier if you commit certain offenses. If the notice had no hearing date and time, the attorney reviews whether time kept running (Niz-Chavez v. Garland, 593 U.S. 155 (2021)).
• The law caps cancellations at 4,000 per year. An approved case may wait for a number.

What the attorney does

• First verifies eligibility with dates and papers: when you arrived, whether you ever left, when the notice was served, what each conviction says.
• Builds the hardship proof for the qualifying relative: health, education, country conditions, dependence, with evaluations and third-party documents, not only testimony.
• Prepares your testimony and the witnesses' for the individual hearing, which can last hours.
• If the judge denies, reviews the appeal to the Board of Immigration Appeals within 30 days.

What to bring to the consultation

• The Notice to Appear and every letter from the court or ICE.
• Proof of each year in the United States: taxes, leases, receipts, school and medical records, employment letters.
• Your children's birth certificates and proof of the qualifying relatives' status.
• Medical or school records of the relatives who would suffer the hardship.
• Papers from any criminal case, with final dispositions.

Common questions

I have 10 years here and citizen children. Can I apply now?

Only if you are in removal proceedings. Outside court this application does not exist. And having citizen children is not enough: you must prove hardship far beyond that of a normal separation.

What hardship counts?

The law requires exceptional and extremely unusual hardship, a high bar. Serious illness, special educational needs, impossibility of the family living in the home country, are the factors judges review.

I left the country for a few months years ago. Does it break the 10 years?

An absence of more than 90 days in a row, or more than 180 days in total, breaks continuous presence. Shorter departures are analyzed case by case.

Does a criminal charge disqualify me?

It depends on the exact charge and how it ended. Certain convictions bar you completely; others affect good moral character. Bring the papers before any plea in criminal court.

How long does it take?

Individual hearings in Chicago are set months or years out, and after an approval there may be a wait for the annual cap. The attorney gives you a range based on the court calendar.