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Call 718-769-6352 now for assistance with Cancellation of Removal. We are a female, immigrant-owned law firm with a strong track record of success.
Cancellation of Removal for non-green card holders can only be granted in Immigration Court by an Immigration Judge. Here are some Frequently Asked Questions about this process.

โ“How long do you have to be in the US to qualify? 

๐Ÿ”น10 continuous years

โ“What stops the 10-year clock from running? 



๐Ÿ”นAmoral Act

โ“Who can be qualified relatives?

๐Ÿ”นUS Citizen children or LPR Kids

๐Ÿ”นUSC Spouse

๐Ÿ”นLPR Spouse

โ“What are the requirements for Cancellation of Removal?

๐Ÿ”นYou have been in the US for 10 years without interruption. 

๐Ÿ”นThese 10 years did not get stopped by the service of Notice to Appear to start Immigration Court proceedings or Arrest or Amoral Act.

๐Ÿ”นKids or Spouse who are US Citizens or GC Holders 

๐Ÿ”นKids or Spouse have a HARDSHIP, i.e. very bad problems that prevent them from being able to travel to the immigrant personโ€™s country and move there with them. For example โ€“ they are getting special medical treatment in USA or special school or psychological services. 

๐Ÿ”นPerhaps they have a special job (police officer, US government, Nurse, etc.)

๐Ÿ”นThere are no jobs for them in their former country 

๐Ÿ”นThey would be persecuted there due to different race or religion.

โ“How do we apply? What are the technical requirements to file? โ€“ the technical side.  

๐Ÿ”นThere is no way to apply directly for Cancellation of Removal. First, we do a skeleton brief Asylum I-589 Application and file it as an asylum application.

โ“What else am I missing? Is there anything I should be aware of?

๐Ÿ”นUnder current law, there are no work permits while you await your Immigration Court hearing. You can ask and apply for work permit only once in Immigration court. Trump changed these laws in August 2020.

๐Ÿ”นIf married โ€“ husband and wife file separate packages and separate evidence โ€“ itโ€™s an individual and not a family inclusive case.

๐Ÿ”นOnce the Asylum office denies (and they usually deny just because itโ€™s filed not within 1 year that the person came into US), the case is referred to Immigration Court.

๐Ÿ”นNTA is served by Asylum office. Must have exact date and time.

โ“What happens in Immigration Court?

๐Ÿ”นOnce in Immigration Court, we prepare EOIR-42B detailed application and submit evidence of the family relationships, evidence of hardship problems, and any witness letters or any other evidence, 10 years of tax returns, and the IRS transcripts for those 10 yearsโ€™ returns.

๐Ÿ”นThe next step is the Individual Hearing/Merits Hearing for Cancellation of Removal, where the Immigration Judge and Trial Attorney question the qualifying relatives and the immigrant person to see if their family really NEEDS them in US and how bad the hardships are.

๐Ÿ”นOnce the judge has enough to approve โ€“ the immigrant must wait for the VISA to become available to him from annual 10,000 quota.

โ“How long does the cancellation of approval process take? 

๐Ÿ”นIt could take the total of 5 or 6 years!

What happens once my Visa is available?

๐Ÿ”นWhen your visa is available, the Immigration Judge schedules another court date where attorney and immigrant and family come in, and the immigration judge gives a court order approving Green Card status. 

โ“What happens once my Green Card is available?

๐Ÿ”นWhen USCIS issues a Green Card, you will have to wait another 6 weeks or even a few months. This takes a long while because the Court Order has to make its way to USCIS. The Green card is processed, printed, and sent out by different agencies.

For more cancellation of removal info, visit our YouTube Channel!

Shepelsky Law Group
2415 Avenue U,  Ste. 2 Rear
Brooklyn, NY 11229
Tel: 718-769-6352
Fax: 718-764-1198