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Facing a removal proceeding in an immigration court can feel like an impossible weight on your shoulders. If you or a family member lives in Chicago and has received a Notice to Appear (NTA), you might unreasonably delay feeling uncertain about your future in the United States. Many people find themselves asking, “What is Cancellation of Removal and who qualifies?” This, while searching for ways to remain with their families.
This legal process acts as a defense against deportation. If an immigration judge grants your application, the removal proceedings end, and you may even obtain or keep your permanent residency. At The Law Office of Kevin Dixler, we have spent over three decades helping people understand the specific paths available to them.
Defining Cancellation of Removal in the Chicago Immigration Court
Cancellation of Removal is a form of relief found under Section 240A of the Immigration and Nationality Act (INA). For those living in Northern Illinois, these cases typically go before an immigration judge at the Chicago Immigration Court. This court is located at 525 West Van Buren Street, Suite 500, Chicago, IL 60607 (U.S. Department of Justice).
The process is divided into two main categories: one for lawful permanent residents (Green Card holders) and one for non-permanent residents. While the goal is the same, to stay in the country, the requirements for each are distinct.
Because immigration law is a detailed field where one simple mistake can have devastating consequences, knowing which category you fall into is the first step toward a successful defense.
Cancellation for Lawful Permanent Residents (Section 240A(a))
If you already have a Green Card, not just an employment authorization card, but the government is attempting to revoke it due to a criminal conviction or another violation, you may qualify for “LPR Cancellation.” To be eligible under federal law (8 U.S.C. § 1229b(a)), you must meet three primary criteria:
- You must have been a ‘lawful’ permanent resident for at least five years.
- You must have resided in the U.S. continuously for seven years after having been admitted in any status.
- You must not have been convicted of an “aggravated felony” as defined under immigration law. Sometimes, I.C.E. accusations are unable to be proven in Court.
The “seven-year rule” often creates confusion. The clock for this continuous residence usually stops when you commit certain crimes or when the government serves you with a Notice to Appear. This is known as the “stop-time rule.”
Cancellation for Non-Permanent Residents (Section 240A(b))
For those without a Green Card, the requirements are significantly more rigorous. This path is often called “non-LPR cancellation” or “10-year cancellation.” To qualify under 8 U.S.C. § 1229b(b), you must demonstrate the following:
- Continuous Physical Presence: You have been physically present in the U.S. for a continuous period of at least 10 years immediately preceding the date of your application. Note that brief trips usually will not break continuous presence, but the accumulation of time can have an impact.
- Good Moral Character: You have maintained good moral character during those 10 years.
- No Disqualifying Convictions: You have not been convicted of certain offenses, such as crimes involving moral turpitude or controlled substance violations.
- Exceptional and Extremely Unusual Hardship: You must prove that your removal would result in “exceptional and extremely unusual hardship” to your qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
The hardship standard is the most difficult hurdle. It requires showing that the suffering your family would face goes far beyond the “normal” hardship expected when a family member is deported.
The Role of the Chicago Immigration Court
The Executive Office for Immigration Review (EOIR) oversees the courts in Chicago. When we represent clients in these proceedings, we focus on meticulous planning and evidence gathering. In Illinois, judges may look closely at your ties to the community, your employment history, and your contributions to the local Chicago area.
Documentation is vital. We often help clients compile tax records, letters from community leaders, and medical records to support the hardship claim among other documents. The Chicago court is busy, and deadlines are often enforced strictly. According to the EOIR Practice Manual, missing a filing date can result in an automatic order of removal or the judge deeming your application abandoned.
Why “Good Moral Character” Matters
Whether you are an LPR or a non-LPR, your history in Illinois matters; the government reviews your record for any interactions with local law enforcement, including the Chicago Police Department or the Cook County Sheriff. While some minor offenses may not disqualify you, a pattern of behavior can impact the judge’s decision.
Under 8 U.S.C. § 1101(f), certain acts prevent a finding of good moral character. We work with our clients to address these issues with candor. Honesty is essential when presenting your case to the court.
The Importance of Experienced Planning
The United States Citizenship and Immigration Service, Customs and Border Protection, Immigration and Customs Enforcement, and the immigration courts handle matters with a high level of scrutiny. We understand the extraordinary stress these cases cause for families in our community. Kevin L. Dixler has been a member of the American Immigration Lawyers Association for 33 years, Martindale Hubbell AV rated by his peers, and recognized as a Super Lawyer in immigration for more than a decade. This experience allows us to provide insight into waiver work and the nuances of the removal process.
If you are concerned about your status or have received a court notice, call us at 312-728-4610. Our approach is built on honesty, discretion, and persistence. We offer personable service where it is easier to reach the firm’s top for the answers you need. We will provide a candid assessment of your situation and help you plan your next steps with clarity.
