- Home
- Services
- Areas Served
- Our Firm
- Empowered People
- Blog
- Client Tools
- Giving Back
- Join the SLF Team
- Contact Us
- En Español
If you are in removal proceedings and at risk of being deported, you may still have legal options. One form of relief is cancellation of removal, which may allow you to remain in the United States and gain lawful permanent residency. A Pineville cancellation of removal lawyer could evaluate your eligibility, guide you through the application process, and represent you in immigration court.
This form of relief is only available during deportation proceedings and depends on your background, length of time in the U.S., and the impact your removal would have on your family. It is not guaranteed, and the legal standards are strict, so working with an attorney is crucial.
Cancellation of removal is a form of discretionary relief granted by an immigration judge. If approved, the judge cancels your removal order and may grant permanent resident status. This stops the deportation process and could give you a path toward lawful stability in the U.S.
There are two types of cancellation of removal. The first applies to lawful permanent residents (LPRs) who have committed certain offenses but meet eligibility requirements. The second applies to non-permanent residents (Non-LPRs), such as undocumented immigrants or those who overstayed their visas. Each type has different standards. Since the stakes are high, especially for those facing deportation for the first time, you will want the help of a Pineville lawyer with experience in cancellation of removal.
If you already have a green card, you must prove at least five years of lawful permanent residency, seven years of continuous residence in the U.S. after being admitted, and no conviction for an aggravated felony. These cases often involve past criminal convictions or immigration violations. A Pineville cancellation of removal attorney knows that judges weigh positive factors, such as family ties, employment history, and rehabilitation, against any negative history.
Non-permanent residents face a higher burden. You must show physical presence in the U.S. for at least ten years, continuous good moral character during that time, no convictions for crimes that disqualify you, and that your removal would cause exceptional and extremely unusual hardship to a qualifying relative.
Qualifying relatives include U.S. citizens or lawful permanent resident spouses, parents, or children. Meeting the hardship standard is not easy. Financial strain or emotional distress alone is not enough. You may need a Pineville removal defense lawyer to help you demonstrate serious medical conditions, developmental needs, or other unique factors affecting your family.
There is no standalone application form outside of court. You must request cancellation of removal during formal proceedings. To prepare for your individual hearing, you’ll need to present evidence and testimony showing you meet every requirement.
Supporting documentation may include:
The government may challenge your eligibility, especially if your criminal or immigration history is extensive. A Pineville deportation attorney can help present your strongest case and respond to government objections in court.
If the judge grants your request:
If your case is denied, you may make a plea to the Board of Immigration Appeals. Your Pineville lawyer can review the decision and advise whether an appeal is likely to succeed in cancelling your removal.
If you are facing deportation, cancellation of removal may be your best chance to remain in the U.S. The process is complex, and the outcome depends on the details of your life and the strength of your case. A Pineville cancellation of removal lawyer could help you prepare your evidence, present your case, and fight to keep you with your family.
Don’t wait to act. Removal cases move quickly, and deadlines matter. Legal help can mean the difference between staying and being forced to leave.
Charlotte Family & Divorce Lawyers and Immigration Attorneys