Cancellation of removal under INA § 240A(b) is a form of relief from removal available to nonpermanent residents who have been physically present in the U.S. for at least 10 years, have good moral character, and whose removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Cancellation of Removal Lawyer in Westchester County, New York
Cancellation of removal for nonpermanent residents is governed by Section 240A(b) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1229b(b). This statute provides discretionary relief from removal for individuals who meet specific eligibility criteria. To qualify, you must demonstrate continuous physical presence in the United States for at least 10 years, good moral character during that period, and that your removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. The application is filed with the Executive Office for Immigration Review (EOIR) at the Immigration Court. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | New York Immigration Court (26 Federal Plaza / Varick Street) | New York State Legislature
For official information on cancellation of removal, consult the following government resources:
In the New York Immigration Court at 26 Federal Plaza, prosecutors routinely request removal based on alleged unlawful presence or criminal grounds. We have observed that judges in the 9th Judicial District often scrutinize evidence of continuous physical presence and hardship documentation closely.
- Consult with a Cancellation of Removal Lawyer in Westchester County to assess eligibility.
- Collect evidence of 10 years of continuous physical presence, including tax returns, leases, and medical records.
- Obtain character references and background checks to demonstrate good moral character.
- Document hardship to qualifying relatives with medical reports, psychological evaluations, and financial statements.
- File Form EOIR-42B with the Immigration Court and attend all scheduled hearings.
- Present your case at the individual merits hearing before the Immigration Judge.
In Westchester County, cancellation of removal is a discretionary form of relief from removal under INA § 240A(b).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order (if relief denied) | Federal civil removal | Detention pending removal | N/A | N/A | Unlawful presence bars (3-year, 10-year, permanent); ineligibility for future immigration benefits |
| Aggravated felony conviction | Federal criminal | Up to life imprisonment | Up to $250,000 | N/A | Permanent bar from cancellation of removal; mandatory detention |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm, Advocacy Without Borders, has handled numerous immigration cases, including cancellation of removal, deportation defense, and family-based petitions. Mr. Sris personally amended Va. Code § 20-107.3 and is consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters.
Law Offices Of SRIS, P.C. has extensive immigration defense experience in Westchester County: firm-wide across VA, MD, DC, NY and NJ, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Results may vary.
Our location in Buffalo, NY is approximately 350 miles from the New York Immigration Court at 26 Federal Plaza, with access via I-87 (NYS Thruway) and I-90. Serving the communities of White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Phone: (838) 292-0003 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Cancellation of Removal in Westchester County
Where is the immigration court for Westchester County, New York?
Removal proceedings for Westchester County residents are heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Affirmative applications are processed at the USCIS NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement under the Immigration and Nationality Act (8 U.S.C.). SRIS, P.C. handles immigration matters for Westchester County residents.
What is cancellation of removal under INA § 240A(b)?
Cancellation of removal under INA § 240A(b) is a form of relief from removal available to certain nonpermanent residents who have been physically present in the U.S. for at least 10 years, have good moral character, and whose removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. The application is filed with the Immigration Court (EOIR).
How does a deportation cancellation lawyer in Westchester County defend against removal charges?
A deportation cancellation lawyer in Westchester County may defend against removal by challenging the government’s evidence, examining procedural compliance with EOIR regulations, negotiating with ICE attorneys, and presenting mitigating factors such as hardship to qualifying relatives. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act (8 U.S.C.) to build the strongest possible defense.
What should I do if I am facing removal proceedings in Westchester County, New York?
If facing removal proceedings in Westchester County, contact an immigration attorney immediately. Do not discuss your case with anyone except your lawyer. Preserve all relevant documents, including proof of physical presence, family ties, and evidence of hardship. The deadlines under EOIR regulations require prompt action. SRIS, P.C. can help you handle the process.
What are the penalties for cancellation of removal in New York?
Penalties for cancellation of removal in New York depend on the specific charges and circumstances. Under INA § 240A(b), consequences may include removal from the U.S., unlawful presence bars (3-year, 10-year, or permanent), and ineligibility for certain immigration benefits. New York has strong sanctuary policies limiting state and local cooperation with ICE enforcement. Consult an immigration attorney for case-specific guidance.
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Last verified: May 2026 | Page generated: 2026-05-01