Cancellation of Removal: How Congruence Law, P.C. Helps Eligible Individuals Preserve Their Lives in the U.S.

For individuals facing deportation, Cancellation of Removal may offer a path to remain lawfully in the United States. This form of relief, available only through immigration court, allows certain noncitizens to have their removal canceled and to obtain or retain lawful permanent resident (LPR) status. At Congruence Law, P.C., we work with clients to determine eligibility, build a compelling case, and pursue this critical defense against removal.

Cancellation of removal is a discretionary form of relief available to individuals already in removal proceedings before the Executive Office for Immigration Review (EOIR). It is not a petition that can be filed proactively—it must be requested as a defense once deportation has been initiated. There are two main categories of eligibility: one for lawful permanent residents (LPRs) and one for non-permanent residents, including many undocumented individuals.

For lawful permanent residents, the requirements include:

• Having held lawful permanent resident status for at least five years;

• Having resided continuously in the U.S. for at least seven years after lawful admission; and

• Not having been convicted of an aggravated felony.

For non-permanent residents, the standard is even more stringent:

• The individual must have been physically present in the U.S. for at least 10 continuous years;

• Must demonstrate good moral character during that period;

• Must not have certain disqualifying criminal convictions; and

• Must show that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child.

At Congruence Law, P.C., we evaluate each client’s immigration and personal history to determine whether cancellation of removal is available and advisable. We work with clients to gather the evidence necessary to satisfy these highly specific legal criteria. In non-LPR cases, the hardship standard is particularly challenging and must be substantiated with detailed documentation—medical records, psychological evaluations, financial evidence, school reports, affidavits from family members, and expert testimony.

The immigration court reviews these applications in a full evidentiary hearing, where the applicant bears the burden of proving eligibility and merits. Even if all statutory requirements are met, the immigration judge must still exercise discretion to grant the relief. Factors considered may include the applicant’s length of residence, ties to the community, rehabilitation, character references, and the hardship to family members if removal occurs.

Common issues in cancellation cases include difficulty documenting continuous physical presence (especially for non-LPRs), interruptions in residence due to brief departures, prior criminal offenses, or insufficient hardship evidence.

At Congruence Law, we help clients address these challenges by preparing thorough submissions, anticipating counterarguments, and organizing a clear presentation of the family’s circumstances and equities.

We also assist clients in preparing for the individual hearing, including direct examination and cross-examination preparation, evidentiary planning, and guidance on testimony regarding personal and family hardship. Because these hearings often involve the entire family’s future, we work to ensure that every element of the case is fully supported and presented in a way that reflects the seriousness and human impact of the potential outcome.

For many people, cancellation of removal represents a second chance to remain in the only country they may have known as home. At Congruence Law, P.C., we believe that legal relief should be grounded in the law and rooted in human dignity. We guide clients through this high-stakes process with clarity, diligence, and focused support.

If you or a loved one is in removal proceedings and may be eligible for cancellation of removal, contact us at immigration@congruence.com to learn more. We are here to help you protect your future and stay with your family.