Inside the U.S. Deportation and Removal Process: How to Cancel a Deportation and Removal Order and Stay in the U.S.

Cancel a Deportation and Removal Order
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

Being told that you or someone you love is facing deportation can feel overwhelming. But here’s the good news: there are ways to fight back. If you are dealing with a deportation order, don’t panic. There are several legal avenues you can take to cancel the order and stay in the United States.

 

This article is going to guide you through everything you need to know about applying to cancel deportation order (US), what steps to take, and how to make sure you’re doing everything possible to stay in the U.S.

 

What is a Deportation Order?

deportation order, also called a removal order, is when the government has decided that you must leave the U.S. and return to your home country. This usually happens when an immigration judge determines that you’ve violated U.S. immigration laws, such as overstaying your visa or committing certain crimes.

 

But even after an immigration judge issues a deportation order, it’s not the end of the road. There are still ways to cancel that order and stay in the U.S. legally.

Cancellation of Deportation

What is Cancellation of Removal?

Cancellation of removal is one of the main tools immigrants can use to stop a deportation order. It allows certain people to request that their deportation be canceled and stay in the country.

Cancellation of Removal for Lawful Permanent Residents

If you’re a lawful permanent resident (green card holder), you might qualify for cancellation of removal if you meet the following requirements:

  1. You have been a lawful permanent resident for at least five years.
  2. You have lived continuously in the U.S. for at least seven years after being lawfully admitted.
  3. You haven’t been convicted of an aggravated felony.
  4. You can prove that you have good moral character.

If you meet these criteria, the immigration judge could cancel your deportation order and allow you to stay in the U.S.

Cancellation of Removal for Non-Permanent Residents

If you’re not a lawful permanent resident, cancellation of removal is still an option, but it comes with stricter rules. Here’s what you need to show:

  1. You’ve been living in the U.S. for at least 10 years.
  2. You have good moral character during that time.
  3. Your removal would cause extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, child, or parent.

To qualify, the hardship your family would face must be more than just financial or emotional; it must be very severe. This is the toughest part of the application because the immigration judge has to be convinced that your family cannot handle the hardship if you are deported.

How to Apply for Cancellation of Removal

Applying for cancellation of removal is not as simple as filling out a form and waiting for a decision. You’ll need to be prepared for court hearings and collect a lot of documentation to support your case. Here are the main steps:

 

1. File the Correct Form

If you’re a lawful permanent resident, you’ll file Form EOIR-42A. If you’re a non-resident, you’ll need Form EOIR-42B. Make sure all information is correct and that the form is complete.

 

2. Gather Documentation

You need to prove you meet all the eligibility criteria. This includes gathering evidence like tax returns, employment records, school records, medical reports, and proof of residence. You will also need to show proof of extremely unusual hardship to a family member.

 

3. Attend Your Hearings

After submitting your application, you’ll have to attend a series of hearings before an immigration judge. It’s very important to attend every hearing and be fully prepared for each one.

 

4. Seek Legal Assistance

While it is possible to represent yourself, your chances of success increase dramatically if you have an experienced immigration attorney helping you through the process. An attorney can help you gather the right documents, prepare for hearings, and present your case in the best light possible.

Additional Options for Canceling a Deportation Order

If you don’t qualify for cancellation of removal, don’t worry—there are other options that might help you avoid deportation.

 

1. Motion to Reopen Your Case

If you have new evidence that wasn’t available during your original removal proceedings, you can file a motion to reopen your case. This could include medical records, new testimonies, or other key information that could change the outcome of your case.

 

2. Motion to Reconsider

If you believe the immigration judge made a mistake in applying the law during your hearing, you can file a motion to reconsider. This motion asks the judge to review their decision and possibly overturn it.

 

3. Appeal to the Board of Immigration Appeals (BIA)

If the immigration judge denies your cancellation request, you can file an appeal with the Board of Immigration Appeals (BIA). The BIA will review the judge’s decision and may overturn it if they find legal errors or procedural mistakes. You must file this appeal within 30 days of the judge’s ruling.

 

4. Voluntary Departure

If your appeal is unsuccessful or you don’t qualify for any of the other options, you might consider requesting voluntary departure. This allows you to leave the U.S. on your own terms, avoiding a formal deportation order. While this doesn’t cancel your deportation, it can help reduce the impact on your ability to re-enter the U.S. in the future.

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Proving Extremely Unusual Hardship

As a non-permanent resident, proving extremely unusual hardship is often the most challenging part of canceling a deportation order. This hardship must affect your U.S. citizen or lawful permanent resident family members. Let’s look at some common examples that might qualify:

 

  • Medical hardship: If a family member has a serious illness or disability and relies on you for care, this could qualify as extremely unusual hardship. You’ll need to provide medical records and doctor’s statements to support this claim.
  • Financial hardship: If you are the sole breadwinner for your family and your deportation would plunge your family into poverty, you might be able to prove extremely unusual hardship. Financial records, tax returns, and proof of your income will be needed.
  • Educational disruption: If your children would suffer significant educational setbacks due to your deportation, especially if they have special needs, you could argue this as a form of hardship. School records and letters from teachers can help build this case.

What Happens If You Are Ordered Deported?

If an immigration judge issues a deportation order, it means they have ruled that you must leave the U.S. However, this doesn’t necessarily mean that you have to pack your bags and go right away.

Here’s what happens next:

 

  1. You may appeal: As discussed earlier, you can file an appeal with the Board of Immigration Appeals (BIA) within 30 days. This will temporarily halt the deportation process.
  2. You may file for a stay of removal: A stay of removal will temporarily pause your deportation while your case is under review. You can request this from either the immigration judge or Immigration and Customs Enforcement (ICE).
  3. You may apply for voluntary departure: In some cases, you can ask the court for permission to leave the U.S. voluntarily. While this doesn’t cancel the deportation order, it allows you to avoid the negative consequences of formal deportation.

Conclusion: Don’t Give Up—You Have Options

Facing deportation can be terrifying, but it’s not a hopeless situation. With the right legal strategies, such as cancellation of removal, filing a motion to reopen, or appealing to the Board of Immigration Appeals, you can fight to stay in the U.S.

It’s important to act quickly and consult an experienced immigration attorney to guide you through the process. Don’t lose hope—there are legal ways to cancel a deportation order and protect your future in the U.S.

FAQs

1. Can a deportation order be canceled?

Yes, a deportation order can be canceled through legal processes like cancellation of removal, filing a motion to reopen your case, or appealing to the Board of Immigration Appeals.

 

2. What is cancellation of removal?

Cancellation of removal is a form of relief that allows certain people to avoid deportation and remain in the U.S. It is available to both lawful permanent residents and non permanent resident who meet specific eligibility criteria.

 

3. How can I prove extremely unusual hardship?

To prove extremely unusual hardship, you’ll need to show that your deportation would severely impact your U.S. citizen or lawful permanent resident family members. This could include medical, financial, or educational hardships.

 

4. What should I do if I’ve been ordered deported?

If you’ve been ordered deported, you can file an appeal with the Board of Immigration Appeals, request a stay of removal, or apply for voluntary departure.

 

5. How long do I have to appeal a deportation order?

You have 30 days from the date of the immigration judge’s decision to file an appeal with the Board of Immigration Appeals (BIA).

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