Fighting for Your Right to Stay in the U.S.
If you or a loved one is facing deportation, cancellation of removal may be your last—and best—chance to remain in the United States lawfully. At Khashmati Law, P.C., we understand the emotional toll of removal proceedings and the importance of keeping families together. Our experienced Queens-based immigration attorneys are here to guide you through every step of the process with dedication and care.
What Is Cancellation of Removal?
Cancellation of removal is a form of relief available only to individuals who are already in removal (deportation) proceedings before an immigration judge. It allows certain non-citizens to avoid deportation and obtain lawful permanent resident (green card) status.
Because this relief is discretionary, it is essential to present a strong, well-documented case—and to work with a trusted immigration attorney who understands how to persuade the judge that you meet all requirements and deserve to stay in the United States.
Basic Requirements for Non-Permanent Residents
To qualify for non-LPR cancellation of removal, you must meet all of the following criteria:
Ten Years of Continuous Physical Presence in the U.S.
You must show that you’ve lived in the U.S. for at least 10 years immediately prior to applying. This 10-year period begins from your first arrival and may be interrupted or ended if:
- You receive a Notice to Appear in immigration court
- You commit certain crimes
- You leave the U.S. for more than 90 consecutive days or 180 days total
- You depart under a voluntary departure order
In some cases, military service of at least two years can substitute for the 10-year requirement.
You can prove your presence through:
- Testimony from friends, relatives, or employers
- Documents such as rent receipts, utility bills, school or medical records, pay stubs, tax returns, or credit card statements
A Qualifying U.S. Citizen or Lawful Permanent Resident Relative
You must have a spouse, child, or parent who is a U.S. citizen or green card holder. The hardship to this relative is central to your case.
Exceptional and Extremely Unusual Hardship
It’s not enough to show that your family would suffer emotionally or financially if you were deported. You must demonstrate that your U.S. citizen or LPR relative would face “exceptional and extremely unusual hardship.” Examples include:
- A child with a serious medical condition and no access to treatment abroad
- Children who have spent their entire lives in the U.S. and do not speak the language of your home country
- A family without support, income, or housing if you were forced to leave
This is one of the most challenging requirements, and it’s where a strong legal strategy and compelling evidence can make all the difference.
Good Moral Character
You must show that you have been a person of good moral character for the past 10 years. Immigration law lists certain bars to good moral character, such as:
- A history of habitual alcohol abuse
- Certain criminal convictions
- False testimony or fraudulent use of documents
Even if you’re not legally barred, the judge has discretion to decide whether you demonstrate the moral character needed for relief.
Why Legal Help Matters
Cancellation of removal cases are complex, high-stakes, and emotionally intense. Success depends on your ability to not only meet strict legal criteria—but also to convince an immigration judge that you deserve relief. At Khashmati Law, we’ll help you build a compelling case that tells your story with clarity, credibility, and compassion.
We prepare and present:
- Personal declarations
- Testimony from relatives, teachers, doctors, or community leaders
- Expert letters (e.g., medical or psychological evaluations)
- Extensive documentation of hardship, character, and residency
Don’t Face Deportation Alone—We’re Here to Help
If you’re in removal proceedings, time is critical. Let us help you protect your future and your family. At Khashmati Law, P.C., we bring experience, strategy, and heart to every deportation defense case.
Contact our office today to schedule a consultation with a trusted immigration attorney and find out if cancellation of removal is an option for you.