Cancellation of Removal

Defending Africans Facing Deportation with Cancellation of Removal

At Empirefly Law Firm, we are dedicated to helping African nationals facing deportation secure Cancellation of Removal, a form of relief that allows eligible individuals to remain in the United States and gain lawful permanent resident status. Our experienced attorneys provide expert legal guidance and comprehensive support throughout the cancellation process.

What is Cancellation of Removal?

Cancellation of Removal is a form of relief available to non-citizens in removal proceedings that, if granted, cancels their removal and allows them to remain in the United States as lawful permanent residents (green card holders). There are two primary types of Cancellation of Removal: one for lawful permanent residents and one for non-permanent residents.

Eligibility Criteria

For Lawful Permanent Residents:

1. Continuous Residence:

   • The applicant must have been a lawful permanent resident (LPR) for at least five years.

2. Continuous Physical Presence:

   • The applicant must have resided continuously in the United States for at least seven years after being admitted in any status.

3. No Aggravated Felony Conviction:

   • The applicant must not have been convicted of an aggravated felony.

For Non-Permanent Residents:

1. Continuous Physical Presence:

   • The applicant must have been physically present in the United States for at least ten years immediately preceding the application.

2. Good Moral Character:

   • The applicant must demonstrate good moral character during the ten-year period.

3. Exceptional and Extremely Unusual Hardship:

   • The applicant must show that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

4. No Convictions:

   • The applicant must not have been convicted of certain criminal offenses that would make them inadmissible or deportable.

Cancellation of Removal Process

1. Assess Eligibility:

   • Evaluate eligibility based on continuous residence, physical presence, good moral character, and potential hardship to qualifying relatives.

2. Prepare and File Form EOIR-42A or EOIR-42B:

   • Submit Form EOIR-42A (for lawful permanent residents) or Form EOIR-42B (for non-permanent residents) to the Immigration Court along with supporting evidence.

3. Gather Supporting Evidence:

   • Collect documentation to prove continuous residence, good moral character, and exceptional hardship, such as affidavits, tax records, employment history, and medical records.

4. Attend Removal Proceedings:

   • Attend hearings before an Immigration Judge where the case will be presented and the evidence reviewed.

5. Receive Decision:

   • If the Immigration Judge grants Cancellation of Removal, the applicant will have their removal canceled and be granted lawful permanent resident status.

Why Choose Empirefly Law Firm?

1. Expert Legal Guidance:

   • Our attorneys have extensive experience in handling Cancellation of Removal cases and provide personalized advice tailored to your unique situation.

2. Comprehensive Support:

   • We offer support at every step of the cancellation process, from evaluating eligibility to preparing documentation and representing you in Immigration Court.

3. Proven Success:

   • Our firm has a strong track record of successfully helping African nationals secure Cancellation of Removal and avoid deportation.

4. Client-Centered Approach:

   • We are committed to making the cancellation process as smooth and stress-free as possible, offering compassionate and reliable support throughout your journey.

Schedule a Consultation

Facing deportation? Contact Empirefly Law Firm today to schedule a consultation. Our experienced attorneys are here to guide you through the Cancellation of Removal process and help you achieve your goal of remaining in the United States.