What Is Cancellation of Removal and Who Qualifies in Texas?

Receiving a notice to appear before an immigration judge is one of the most frightening experiences an immigrant can face. If you are undocumented or have had your legal status revoked and are now in removal proceedings, you may feel like there is no way to stay in the United States. However, depending on your circumstances, you may have legal options. One of those options is Cancellation of Removal, a form of relief that many people do not know about.

At Manuel Diaz Law Firm, our bilingual immigration attorneys in Dallas and San Antonio help families across Texas understand whether they qualify for Cancellation of Removal and work to achieve the best possible outcome in immigration court.

What Is Cancellation of Removal?

Cancellation of Removal is a form of relief from deportation available to certain non-citizens who are in removal proceedings before an immigration judge. If granted, it allows the person to remain legally in the United States. In many cases, it also results in lawful permanent resident status (a Green Card).

There are two separate types of Cancellation of Removal under U.S. immigration law:

• Cancellation of Removal for Lawful Permanent Residents (Green Card Holders)
• Cancellation of Removal for Non-Permanent Residents (Undocumented Individuals)

---

Cancellation of Removal for Lawful Permanent Residents (LPRs)

If you already have a Green Card but are facing deportation, often because of a criminal conviction, you may qualify if you meet all three of the following requirements:

• Have been a lawful permanent resident for at least 5 years.
• Have continuously resided in the United States for at least 7 years after being admitted in any status.
• Have not been convicted of an aggravated felony.

---

Cancellation of Removal for Non-Permanent Residents

This is the most commonly requested form of Cancellation of Removal in Texas. It applies to undocumented immigrants and individuals whose temporary visas have expired.

You must meet all of the following requirements:

1. Ten Years of Continuous Physical Presence

You must have been physically present in the United States for at least 10 continuous years before applying.

Short trips outside the country may be permitted. However:

• A single trip longer than 90 days, or
• Total absences exceeding 180 days,

may break your continuous physical presence.

2. Good Moral Character

You must demonstrate good moral character during the full 10-year period.

This generally means:

• No significant criminal history
• No false claims to U.S. citizenship
• Payment of taxes
• No conduct that would legally disqualify you

Minor traffic violations typically do not affect this requirement.

3. Exceptional and Extremely Unusual Hardship

This is often the most difficult requirement to prove.

You must show that your removal would cause exceptional and extremely unusual hardship to a qualifying relative who is either a U.S. citizen or lawful permanent resident.

Qualifying relatives include:

• Your spouse
• Your parent
• Your child under age 21

Normal hardships such as financial difficulties or emotional distress are usually not enough.

The immigration court may consider factors such as:

• Age and health of the qualifying relative
• Medical conditions or disabilities
• Whether the family member would relocate with you
• Conditions in your home country
• Educational impact on U.S. citizen children
• Length of residence and community ties in the U.S.

---

Annual Limit: 4,000 Cases

Congress limits grants of Cancellation of Removal for non-permanent residents to 4,000 approvals per fiscal year.

Even if you qualify, preparing a strong application early is essential.

---

How the Cancellation of Removal Process Works in Texas

1. You receive a Notice to Appear (NTA) and your case is assigned to an immigration court.
2. Your attorney files your application with supporting evidence.
3. The immigration judge conducts an individual merits hearing where witnesses may testify.
4. If approved, you receive Cancellation of Removal and, in most non-LPR cases, lawful permanent resident status.
5. If denied, your attorney may appeal to the Board of Immigration Appeals (BIA) and federal courts.

---

Frequently Asked Questions

What if I do not have a qualifying relative?

Without a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child, you generally cannot qualify for Cancellation of Removal for non-permanent residents. However, you may still qualify for other immigration relief such as asylum, DACA, Special Immigrant Juvenile Status, or U and T visas.

Does a criminal record automatically disqualify me?

Not always. Some convictions—particularly aggravated felonies or crimes involving moral turpitude—may disqualify you, while others require careful legal analysis.

My child was born in the United States. Does that help?

Yes. A U.S. citizen child is a qualifying relative. If your removal would cause exceptional hardship to your child, this may significantly strengthen your case.

How long does the process take?

Due to immigration court backlogs, Cancellation of Removal cases in Texas often take one to several years from filing to final decision.

Can I work while my case is pending?

Once your application has been properly filed and accepted by the immigration court, you may become eligible to apply for an Employment Authorization Document (EAD), allowing you to work legally while your case is pending.

---

Why Choose Manuel Diaz Law Firm?

• Fully bilingual legal team (English & Spanish)
• Representation throughout Dallas, San Antonio, Fort Worth, and El Paso
• Comprehensive, evidence-based case preparation
• Coordination of criminal defense and immigration strategies when needed
• Transparent fees and flexible payment plans