Cancellation of Removal Lawyer New York County, NY
If you or a family member is in removal proceedings before the New York Immigration Court, the possibility of cancellation of removal may be a critical avenue to permanent residency and relief from deportation. Law Offices Of SRIS, P.C. Concentrates on representing noncitizens in New York County—Manhattan—from Midtown to Lower Manhattan, the Upper West Side to the Financial District. Cancellation of removal under section 240A of the Immigration and Nationality Act is a discretionary form of relief that, if granted, allows a lawful permanent resident or non-permanent resident to avoid removal and adjust status to that of a lawful permanent resident. The New York Immigration Court at 26 Federal Plaza and the Varick Street Immigration Court hear removal cases for Manhattan residents, and eligibility standards under 8 U.S.C. § 1229b are demanding. Mr. Sris and the firm’s Of Counsel attorneys work to build a thorough factual record that addresses the statutory requirements—continuous physical presence, good moral character, and dedicated and extremely unusual hardship to a qualifying relative. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about cancellation of removal in New York County. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Cancellation of Removal Means in New York County
In immigration practice, cancellation of removal is a defense to deportation that allows an immigration judge to terminate removal proceedings and grant lawful permanent resident status. For a lawful permanent resident facing removal based on a criminal conviction or other ground, cancellation under 8 U.S.C. § 1229b(a) requires seven years of continuous residence after admission, five years as a lawful permanent resident, and no aggravated felony conviction. For a non-permanent resident, cancellation under § 1229b(b) demands ten years of continuous physical presence, good moral character, no disqualifying criminal convictions, and—most challengingly—proof that removal would result in dedicated and extremely unusual hardship to a United States citizen or lawful permanent resident spouse, parent, or child.
In New York County, removal proceedings are conducted at the U.S. Immigration Court located at 26 Federal Plaza, with additional dockets at the Varick Street Immigration Court. Manhattan’s immigration court is one of the busiest in the country, and outcomes depend substantially on the quality of the evidentiary record. New York City’s sanctuary policies, including Executive Order 41, limit local law enforcement cooperation with ICE detainers. However, federal immigration enforcement remains active, and individuals in removal proceedings need a defense that addresses both the legal standards and the factual nuances of their case. Mr. Sris and the firm’s Of Counsel attorneys are experienced in presenting cancellation of removal applications before the New York Immigration Court and the Board of Immigration Appeals.
How Mr. Sris and His Of Counsel Handle Cancellation of Removal Cases
When a client in New York County seeks cancellation of removal, the firm begins with a detailed review of the client’s immigration history, criminal record, and family circumstances. Because cancellation of removal is a discretionary remedy, the immigration judge must be persuaded not only that the statutory thresholds are met but also that the applicant merits a favorable exercise of discretion. Mr. Sris and the firm’s Of Counsel attorneys gather documents including tax returns, school records, medical records, and witness affidavits to establish continuous physical presence and good moral character. For non-permanent resident cancellation, the firm works with clients to document hardship to qualifying relatives—often a process that involves expert testimony, documentary evidence of medical or psychological conditions, and detailed accounts of country conditions.
Preparation includes a thorough assessment of the Notice to Appear and any charges of removability, and careful attention to Pereira and Niz-Chavez issues concerning the adequacy of the charging document. The firm may file motions to terminate proceedings or to suppress evidence where appropriate. At the individual hearing, the firm presents witness testimony and legal argument designed to meet the high standard set by Matter of Recinas and subsequent Board precedent. Throughout the process, the firm’s objective is to present a compelling, well-supported application that gives the immigration judge a full picture of the equities in the case.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing immigration law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates in immigration matters including cancellation of removal, family-based petitions, naturalization, and asylum. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience includes representation before the Executive Office for Immigration Review, U.S. Citizenship and Immigration Services, and the Board of Immigration Appeals.
The firm’s Of Counsel attorneys bring extensive legal experience to cancellation of removal cases. The firm’s collective approach leverages multiple perspectives to build strong records for discretionary relief. Law Offices Of SRIS, P.C. has documented case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
What is cancellation of removal in immigration law?
Cancellation of removal is a form of discretionary relief that allows an immigration judge to cancel the removal of a lawful permanent resident or non-permanent resident and grant lawful permanent resident status. For lawful permanent residents, eligibility requires seven years of continuous residence after admission, five years as a lawful permanent resident, and no aggravated felony conviction. For non-permanent residents, the applicant must demonstrate ten years of continuous physical presence, good moral character, no disqualifying criminal convictions, and that removal would cause dedicated and extremely unusual hardship to a qualifying U.S. Citizen or lawful permanent resident relative. The statutory framework is set out at 8 U.S.C. § 1229b.
Where is the immigration court for New York County (Manhattan), New York?
Removal proceedings for New York County residents are heard at the U.S. Immigration Court located at 26 Federal Plaza in Manhattan, and at the Varick Street Immigration Court. The New York Immigration Court handles the master calendar and individual hearings for non-detained respondents living in Manhattan and the other New York City boroughs. It is one of the highest-volume immigration courts in the nation. Law Offices Of SRIS, P.C. represents Manhattan residents in cancellation of removal and other removal defense matters at these federal courthouses.
How long does a cancellation of removal case take in New York County?
The timeline for a cancellation of removal case varies significantly depending on the court’s docket, the complexity of the evidence, and whether the case is contested. The New York Immigration Court currently operates with substantial backlogs; a cancellation of removal case from initial master calendar hearing to individual hearing can span multiple years. Once the individual hearing is complete, the immigration judge may issue an oral decision or a written decision weeks or months later. An expedited timeline is not guaranteed, but thorough preparation can help avoid unnecessary continuances.
What are the penalties if cancellation of removal is denied?
If cancellation of removal is denied by the immigration judge, the respondent is typically ordered removed to his or her country of nationality. The removal order may be appealed to the Board of Immigration Appeals within 30 days. A denial can also trigger bars to reentry, including the three-year, ten-year, or permanent bar that attaches after a period of unlawful presence in the United States. Because the consequences of a denial are severe, it is critical to present the strongest possible application the first time.
Do I need a lawyer for cancellation of removal in New York County?
You are not legally required to have a lawyer, but cancellation of removal cases are legally complex and the evidentiary standards are demanding. The immigration court will provide a list of free or low-cost legal service providers, but immigration judges do not appoint counsel. An experienced attorney can identify the strong $1s under the applicable statutory framework, develop a compelling hardship record, and present persuasive witness testimony. Mr. Sris and the firm’s Of Counsel attorneys offer consultations to discuss your specific situation.
What is the filing fee for cancellation of removal?
For lawful permanent resident cancellation of removal under 8 U.S.C. § 1229b(a), the filing fee for Form EOIR-42A is currently $165; for non-permanent resident cancellation under § 1229b(b) using Form EOIR-42B, the fee is $175. Fee waivers may be available based on demonstrated inability to pay. Filing fees are subject to change by the Executive Office for Immigration Review. Our firm can confirm the most current fee schedule during a consultation.
Internal links: Kings County (Brooklyn) Immigration Lawyer | Queens County Immigration Lawyer | Richmond County Immigration Lawyer | Nassau County Immigration Lawyer | Suffolk County Immigration Lawyer
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Results may vary.