JLA Law Group

Cancellation of Removal Attorneys Serving Atlanta Immigration Court

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Cancellation of removal is one of the most powerful defenses available to individuals facing deportation proceedings in Atlanta Immigration Court. Often referred to as the '10-year law,' non-LPR cancellation of removal under INA § 240A(b) (8 U.S.C. § 1229b(b)) allows certain undocumented individuals who have been continuously physically present in the United States for at least 10 years, who demonstrate good moral character, who have no disqualifying criminal convictions, and who can prove that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident family member, to obtain lawful status and a green card.

LPR cancellation of removal under INA § 240A(a) (8 U.S.C. § 1229b(a)) is available to lawful permanent residents who have maintained continuous residence for at least 7 years after admission, have held LPR status for at least 5 years, and have not been convicted of an aggravated felony. VAWA cancellation under INA § 240A(b)(2) applies to victims of domestic violence with 3 years of continuous presence and evidence of extreme cruelty. The immigration court grants a maximum of approximately 4,000 non-LPR cancellation cases per fiscal year, making strong legal representation essential.

The hardship standard for non-LPR cancellation is intentionally high. The applicant must demonstrate hardship that goes substantially beyond what would normally be expected from deportation. Factors include the qualifying relative's medical conditions, educational needs, ties to the community, and country conditions in the country of removal. At J. Lee & Associates, our attorneys have extensive experience presenting cancellation of removal cases before the Atlanta Immigration Court. We serve Norcross, Gwinnett County, and the greater Atlanta metro area with bilingual attorneys who understand the stakes of these proceedings.

Steps You Should Take

1

Gather Evidence of Your 10 Years in the U.S.

Collect tax returns, lease agreements, utility bills, school records, church records, medical records, and any other documents proving continuous physical presence in the United States for the required period.

2

Identify Your Qualifying Relative and Document Hardship

The qualifying relative must be a U.S. citizen or LPR spouse, parent, or child. Gather evidence of their medical conditions, school enrollment, community ties, and any factors showing your deportation would cause them exceptional and extremely unusual hardship.

3

Obtain a Criminal Background Check

Any criminal history, even arrests without conviction, must be disclosed and analyzed for immigration consequences. We review your complete record to determine eligibility before filing.

4

Call JLA to Evaluate Your Cancellation Case

Call (770) 609-9396 to speak with a bilingual immigration attorney experienced in cancellation of removal before the Atlanta Immigration Court. Early preparation is critical to building a winning case.

Frequently Asked Questions

What is the '10-year law' for cancellation of removal?
The '10-year law' refers to non-LPR cancellation of removal under INA § 240A(b) (8 U.S.C. § 1229b(b)). It requires 10 years of continuous physical presence in the United States, good moral character during that period, no disqualifying criminal convictions, and proof that your deportation would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child.
What qualifies as 'exceptional and extremely unusual hardship'?
This is a higher standard than 'extreme hardship' used in other immigration contexts. Factors include serious medical conditions of the qualifying relative, severe educational disruption, financial devastation, psychological harm, and dangerous country conditions. The hardship must be to a qualifying relative, not to the applicant. Our attorneys compile extensive evidence packages to meet this demanding standard.
What is the 4,000 annual cap on cancellation grants?
Congress limits the number of non-LPR cancellation of removal grants to approximately 4,000 per fiscal year under INA § 240A(e). If the cap is reached, approved cases are placed on a waiting list. This cap does not apply to LPR cancellation or VAWA cancellation cases.
What criminal convictions disqualify me from cancellation of removal?
Disqualifying offenses include any aggravated felony under INA § 101(a)(43), certain controlled substance offenses, crimes involving moral turpitude, and offenses that demonstrate a lack of good moral character under INA § 101(f). Even minor offenses can be disqualifying depending on the circumstances. A criminal-immigration analysis is essential before filing.
Can I apply for cancellation of removal if I have a prior deportation order?
A prior removal order or prior grant of voluntary departure generally restarts the 10-year clock for continuous physical presence. Additionally, if you reentered illegally after removal, you may face a reinstatement of the prior order under INA § 241(a)(5), which typically bars cancellation. Consult an attorney to evaluate your specific situation.

Applicable Laws

INA § 240A(b) / 8 U.S.C. § 1229b(b)Non-LPR cancellation of removal: 10-year presence, good moral character, no disqualifying convictions, exceptional and extremely unusual hardship.
INA § 240A(a) / 8 U.S.C. § 1229b(a)LPR cancellation of removal: 7 years continuous residence, 5 years LPR status, no aggravated felony.
INA § 240A(b)(2)VAWA cancellation: 3 years continuous presence, battered spouse or child, extreme cruelty.
INA § 240A(e) / 8 U.S.C. § 1229b(e)Annual cap of approximately 4,000 grants for non-LPR cancellation of removal.

Related Services

Defensa contra DeportaciónLey de InmigraciónConsecuencias Migratorias de Cargos PenalesLey de InmigraciónPerdón I-601Ley de Inmigración

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile
C
Criminal & Immigration

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Norcross, GA 30093

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