Immigration Attorney Magdalena Cuprys publishes another article in her instructional series, this time on Cancellation of Removal

Lawyer Magdalena Cuprys addresses and explains several issues surrounding Cancellation of Removal and explores legal options

In the newest article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on Cancellation of Removal (when an immigration judge decides not to deport a person from the U.S.). This is a highly complicated legal procedure, with many exceptions and special rules. Thus, this article can only provide a general explanation of the process. Specific issues should be discussed with a qualified attorney based on the facts and circumstances of a specific case.

Cancellation of Removal for a Non-LPR (Non-Lawful Permanent Resident) is a Discretionary Immigration Defense or form of Relief from Removal – thereby sparing the Respondent the consequences of Forced Removal/Deportation from the United States. This form of relief is only available before a US Immigration Court after an Individual has been placed into Removal Proceedings after the Issuance of an NTA (Notice to Appear).

This form of relief not only protects the Foreign National from forced Deportation/Removal, it also provides for eligibility to pursue/obtain Lawful Permanent Residence through this process (if found eligible by the Immigration Court).

In order to qualify for Cancellation of Removal and obtain Lawful Permanent Residence before a U.S. Immigration Court, one must demonstrate that the individual’s United States Citizen and LPR (Legal Permanent Resident) family members must prove before an Immigration Judge that “Extreme Hardships” shall be endured by them as a result of the impending forced separation.  (This “Extreme Hardship Standard” and examples of critical evidence shall be discussed in depth in a subsequent Issue of this Series).

Further, the Applicant/Foreign National must also prove the following:

1.    Continuous Physical Presence:
You have been living continuously in the United States for at least 10 years; the 10-year continuous presence must be satisfied PRIOR to the date of applying for Cancellation of Removal.  Please note that the date of Issuance of the NTA must be carefully examined, as such date officially ends one’s continuous physical presence date for Cancellation of Removal calculation purposes;          

2.  Extreme Hardships:
Your Removal from the USA would cause “exceptional and extremely unusual hardships” to your USC or LPR Qualifying Relatives.  For example, evidence of a minor child’s medical condition, severity of illness, lack of available and suitable medical care in Applicant’s home country, etc. are strong examples of extreme hardships;
3.     Good Moral Character:
You must demonstrate that you are a good person and possess good moral fiber.  Gathering evidence to prove this is critical, and should not be undertaken nor submitted without assistance of Counsel.

4.    No Major Criminal Violations:
Criminal violations in many cases can automatically disqualify the Applicant from eligibility to apply for Cancellation of Removal.  Any Violations whatsoever, including all arrests, etc. must be carefully reviewed by Counsel. 

      5.  Discretionary Relief:
This form of relief is Discretionary, which means it is NOT a right; it is a privilege.  The Immigration Judge shall make an individual case determination of whether or not to grant or approve any such relief. One must prove to the Court that one deserves this relief from removal.  

Cancellation of Removal for LPR: There also exists another remedy before the US Immigration Court – known as Cancellation of Removal for LPR (Lawful Permanent Resident).  This should NOT be confused with the Cancellation of Removal standard discussed above which is exclusive to NON-Green Card Holders. This remedy is only available to those Foreign Nationals who already have LPR Status (Green Cards).  This form of relief from removal shall also be discussed in depth in another forthcoming issue of the Cuprys Law Instruction series.

The complete article will be published on the Blog of Ms. Cuprys at

*** Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: Member for the American Immigration Lawyers Association (AILA), see Lawyer Directory: LinkedIn Profile: Martindale Attorney Directory: Findlaw: Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at See also See also the news reports published at and Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at and Attorney Profile: Attorney News:

Magdalena Cuprys, Immigration Attorney, Blog

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