How Does a NYC Immigrant Apply for Cancellation of Removal?
How Does a NYC Immigrant Apply for Cancellation of Removal?
How does a NYC immigrant apply for cancellation of removal? The request is made in immigration court while the individual is in removal proceedings. Applicants submit the proper EOIR form and provide evidence showing they meet the legal requirements for the category they fall under.
Immigration judges review the documents and testimony to decide whether the applicant qualifies. The remaining sections explain who may apply, what evidence is considered, and how the process works in New York City.
Hire an Immigration Lawyer
At Pollack, Pollack, Isaac & DeCicco, LLP, we handle complex removal cases for clients throughout New York City. Our immigration team draws on decades of experience navigating court-based relief, including cancellation of removal for both permanent and non-permanent residents.
We stay current with federal regulations, evidentiary standards, and updates affecting proceedings in New York’s immigration courts. A PPID lawyer can help applicants understand eligibility, organize documentation, and prepare for each stage of the court process.
Non-Permanent Resident Eligibility
Non-permanent residents who are eligible for cancellation of removal must meet various statutory requirements. For instance, they must be able to show that they have been physically present in the United States continuously for a certain period of time and have demonstrated good moral character.
They are also required to provide evidence that removal from the country would result in “exceptional and extremely unusual hardship” for a qualifying relative who is a United States citizen or lawful permanent resident.
In general, these applications include family responsibility records, evidence of educational and medical needs, and applicant family unit wage contributions. Immigration judges assess whether the evidence meets the legal standard in the context of the overall circumstances of each case.
Permanent Resident Eligibility
Permanent residents who apply for cancellation of removal based on their status must meet a different set of criteria. They are required to prove that they have been a resident of the United States for a required period of time, that they are a lawful permanent resident, and that they are not inadmissible based on certain criminal grounds.
Evidence to show this might include identity documents, proof of residence, employment records, and information regarding the applicant’s positive contributions to his or her family or community. Judges use the totality of these details when determining whether the applicant’s history meets the statutory elements.
Documents in Cancellation of Removal Cases
The applicant must introduce evidence to prove each element of eligibility. Many of the same types of material can be found in these cases, including:
- Medical records
- School records
- Financial statements
- Psychological evaluations
- Family or community member declarations
Testimony may also be submitted during the hearing. The applicant and close friends or relatives can speak to their family situation, time in the U.S., and overall stability in the country.
Immigration judges consider all written and oral information together to see how each piece supports claims of hardship, community ties, or other aspects of the request.
Documents in New York City Cases
Cancellation of removal cases in New York City may involve records from several local agencies, schools, and medical providers. Many applications also request evidence from institutions located in Brooklyn, Queens, Manhattan, or the Bronx, which can complicate record gathering.
Cases are heard at the New York City Immigration Court, where applicants should be ready to submit organized records and provide clear testimony. Familiarity with local document practices and court expectations can assist applicants in understanding how their materials will be assessed during hearings.
FAQs
Q: What Forms Are Used to Request Cancellation of Removal?
A: The forms used to request cancellations of removal include Form EOIR-42A for permanent residents or Form EOIR-42B for non-permanent residents. The forms are filed in immigration court as part of removal proceedings, with documents attached to support each statutory element. The applicant also testifies at the hearing about their background.
The judge decides whether the applicant meets the standard for this form of relief by considering the information on the form, the written evidence, and the statements made in court.
Q: How Do Judges Evaluate Hardship for Non-Permanent Residents?
A: Judges assess hardship by reviewing evidence about the applicant’s qualifying relatives to evaluate their medical needs, caretaker circumstances, or financial hardship. It must be more difficult than what families generally experience in removal cases.
Effective as of September 2025, just under 3.75 million cases were pending nationwide, according to the Executive Office for Immigration Review. The high volume of cases in immigration court challenges judges to carefully consider individualized hardship within an overburdened system.
Q: Can a Permanent Resident Still Request Cancellation After Criminal Charges?
A: Permanent residents may still request cancellation after criminal charges, depending on the offense and whether the charge is a statutory bar. The judge will consider certified records, the timeline of the conduct, and the applicant’s history in the United States. Rehabilitation and evidence of community involvement or family support may also be submitted. Each case depends on the evidence presented.
Q: What Evidence Helps Demonstrate Long-Term Residence in the United States?
A: The evidence that helps demonstrate long-term residence in the United States includes documents like school transcripts, rental agreements, medical records, tax filings, employment documentation, or letters from community members. These records assist the judge in determining whether the applicant has been present in the country for the required number of years.
In FY 2024, EOIR reported that 6% of completed immigration court cases resulted in some form of relief, like asylum, withholding, cancellation, or other protection.
Q: What Happens If the Judge Requires Additional Information?
A: If the judge needs more information, they may request specific documents or evidence, set a deadline for the record to be supplemented, or continue the case to give the applicant more time. The applicant may submit new evidence, such as medical reports, school evaluations, financial records, or declarations explaining what has changed since the initial hearing.
The judge reviews all additional materials along with the existing record to determine whether the applicant meets the statutory elements for cancellation of removal.
Contact an Immigration Lawyer
Cancellation of removal requires detailed evidence and a clear presentation in immigration court. A PPID lawyer can help applicants understand requirements, organize documentation, and prepare for each stage of their NYC proceedings. Hire an immigration lawyer today.
Copyright © 2026 Pollack, Pollack, Isaac & DeCicco, LLP • All Rights Reserved.
ES