If you or your loved one is facing deportation proceedings, you may feel overwhelmed, scared, and unsure whether there is any hope left. The truth is this: even if your asylum case has been pending for many years, you may still qualify for powerful relief from removal — including Cancellation of Removal.
Many immigrants waited 10 years or more for an asylum interview or decision. During that time, lives were built in the United States: children were born, families grew, careers developed, and deep community ties formed. Today, those years of waiting may become the very reason you qualify to stay — if your case is prepared correctly.
However, with new BIA decisions and increasingly strict immigration judges, Cancellation of Removal cases are harder than ever to win. Preparation is no longer optional — it is essential.
This article explains:
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What Cancellation of Removal is
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Who qualifies after long asylum delays
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Why judges are now tougher
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How to prepare a strong case
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Special rules for VAWA Cancellation of Removal
What Is Cancellation of Removal?
Cancellation of Removal is a form of relief that allows an immigration judge to:
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Stop deportation
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Grant lawful permanent residence (a green card)
It is available only in immigration court, not through USCIS.
There are two main types:
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Non-LPR Cancellation of Removal
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VAWA Cancellation of Removal (for survivors of abuse)
Each has different requirements and legal strategies.
Non-LPR Cancellation of Removal: Who Qualifies?
To qualify under INA §240A(b), you must prove all of the following:
1. 10 Years of Continuous Physical Presence in the USA
You must show:
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At least 10 years physically present in the U.S. before the Notice to Appear (NTA) was issued
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No long departures or breaks in presence
📌 Important:
Recent Supreme Court decisions such as Pereira v. Sessions and Niz-Chavez v. Garland changed how NTAs are analyzed. In many cases, the 10-year clock may not stop when USCIS or ICE makes procedural mistakes. This is a highly technical legal issue that must be analyzed carefully.
2. Good Moral Character for 10 Years
You must show:
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No disqualifying criminal convictions
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No false claims to U.S. citizenship
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No serious immigration fraud
⚠️ Even old or minor issues can become a problem if not addressed properly.
3. No Disqualifying Criminal History
Certain crimes automatically disqualify you, including:
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Aggravated felonies
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Crimes involving moral turpitude (in some cases)
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Domestic violence-related convictions
Criminal records must be reviewed by an immigration attorney, not just a criminal lawyer.
4. Exceptional and Extremely Unusual Hardship to a U.S. Citizen or LPR Relative
This is the hardest requirement.
You must prove that deportation would cause exceptional and extremely unusual hardship to:
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A U.S. citizen or permanent resident child, spouse, or parent
This is much more than emotional pain or financial difficulty.
Examples include:
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Serious medical conditions
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Special education needs
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Psychological trauma
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Country conditions that would severely harm the child
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Lack of medical care or education abroad
📌 Hardship must be documented, detailed, and personalized.
Why Long-Pending Asylum Cases Matter
Many asylum seekers:
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Filed honestly and on time
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Waited 8–15 years for interviews or court dates
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Followed all the rules
During that time:
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Children became U.S. citizens
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Families integrated into American society
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Strong equities developed
Now, those years can form the foundation of a Cancellation of Removal defense — if your case is structured properly.
New BIA Decisions: Why Judges Are Tougher Than Ever
Recent Board of Immigration Appeals (BIA) decisions have:
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Narrowed hardship interpretations
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Increased scrutiny of credibility
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Required stronger documentary evidence
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Reduced tolerance for weak or generic cases
Judges now expect:
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Expert declarations
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Psychological evaluations
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Medical records
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Country condition reports
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School records and IEPs
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Detailed affidavits
⚠️ Unprepared cases are being denied at record rates.
Practical Tips to Prepare a Strong Cancellation Case
✅ Start Preparing BEFORE the Merits Hearing
Do not wait. Successful cases take months of preparation.
✅ Document Hardship Like a Trial
Hardship is not a story — it is evidence.
Include:
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Medical diagnoses (with doctor letters)
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Therapy and psychological evaluations
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School records and teacher statements
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Proof of financial dependency
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Country conditions reports
✅ Prepare Your Testimony Thoroughly
Judges expect:
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Clear, consistent answers
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No exaggeration
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No contradictions
Mock hearings are critical.
✅ Address Weaknesses Head-On
If you have:
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Criminal issues
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Gaps in presence
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Prior immigration denials
They must be explained legally, not ignored.
VAWA Cancellation of Removal: A Separate and Powerful Option
If you are a survivor of abuse, you may qualify for VAWA Cancellation of Removal under INA §240A(b)(2).
You May Qualify If:
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You were abused by:
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A U.S. citizen or LPR spouse
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A U.S. citizen or LPR parent
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AND
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You can show:
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3 years of continuous physical presence (not 10)
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Good moral character
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That removal would cause extreme hardship (lower standard than non-LPR cancellation)
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📌 No U.S. citizen children are required.
📌 Abuse can be emotional, psychological, financial, or physical.
VAWA Cancellation is humanitarian relief and is often misunderstood or overlooked.
Why Deportation Defense Requires a Strategic Legal Plan
Cancellation of Removal cases are:
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Discretionary
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Evidence-heavy
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Judge-dependent
Winning requires:
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Deep legal analysis
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Strategic framing
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Meticulous documentation
This is not a form-based case. It is litigation.
If you have lived in the United States for many years, raised U.S. citizen children, or survived abuse — deportation is not the end of the road. But success today requires preparation, precision, and experienced legal strategy.
Immigration judges are tougher. The law is narrower. Mistakes are costly.
If you are in removal proceedings or fear that you may be placed in court, early and thorough preparation can make the difference between deportation and a green card.
📞 Call 917-885-2261
🌐 Visit www.shautsova.com
You deserve a defense that reflects the life you built — and the future you are fighting for.
