Cancellation of Removal Lawyers in New York
Receiving a Notice to Appear in immigration court turns life upside down in an instant. For many immigrants and their families, the fear of being separated from loved ones or losing the home built over decades feels paralyzing. Fortunately, federal immigration law includes a vital defense relief known as Cancellation of Removal.
When approved by an immigration judge, this form of relief stops deportation, drops the removal charges, and either protects an existing green card or grants lawful permanent residency. Raiser, Kenniff & Lonstein steps into deportation proceedings to take full control of the defense, guiding families through every step needed to build a winning case.
Call us 24/7 at (888) 646-0025 or contact us online today to discuss your case in your preferred language. We speak English, Spanish, and Russian.
Why We're the Right Choice
Attentive Service. Strategic Defense.
Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.
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Personalized Legal StrategyWe don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
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Risk-Free Consultation
We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
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Top-Rated Team
Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy
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Former ProsecutorsOur founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.
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Cancellation of Removal for Non-Permanent Residents
For individuals who do not currently hold a green card, Cancellation of Removal offers a direct path to obtaining lawful permanent residency while stopping deportation. Because immigration courts’ standards are strict, meeting each requirement demands clear, well-organized evidence.
To qualify for non-permanent resident cancellation under federal law (Form EOIR-42B), an applicant must satisfy four main criteria:
- Continuous Physical Presence – Proving living continuously in the United States for at least 10 years before the immigration court process began.
- Good Moral Character – Showing a clean criminal history and a positive record of contributing to the community during those 10 years.
- No Disqualifying Convictions – Demonstrating that you have not been convicted of specific criminal offenses that trigger automatic deportation under federal law.
- Exceptional and Extremely Unusual Hardship – Proving that deportation would cause extreme, severe hardship to a qualifying family member who is a U.S. citizen or lawful permanent resident (a spouse, parent, or child).
Gathering tax returns, lease agreements, medical records, and detailed family statements proves essential to fulfilling these requirements.
Showing that a family member would suffer severe emotional, medical, or financial harm if you were removed forms the core of this relief.
Cancellation of Removal for Lawful Permanent Residents
Green card holders can also face deportation proceedings if they are convicted of certain criminal offenses or run into specific immigration violations. Cancellation of Removal for Permanent Residents (Form EOIR-42A) acts as a powerful line of defense to forgive past mistakes and preserve a green card.
To qualify for green card holder cancellation, an individual must establish three core milestones:
- Permanent Resident Status – Holding a valid green card for at least 5 years.
- Continuous Residence – Living in the United States continuously for at least 7 years after being lawfully admitted in any status.
- No Aggravated Felonies – Having no criminal convictions classified under federal immigration law as an aggravated felony.
Unlike non-permanent resident cases, green card holders do not need to prove “exceptional hardship” to family members. Instead, the immigration judge weighs positive factors (like long-term employment, military service, and rehabilitation) against the severity of any criminal record.
Presenting clear proof of personal growth and deep community roots helps persuade the judge that retaining permanent residency remains deserved.
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How Families Strengthen the Defense Case
Immigration judges review Cancellation of Removal applications with a fine-tooth comb. Family members play a massive role in creating a compelling presentation by gathering personal records and community testimony that highlight character and stability.
Working together to compile thorough documentation makes a noticeable impact when presented in court:
- Proof of Time and Presence – Old utility bills, school transcripts, birth certificates, work records, and annual tax filings showing an unbroken timeline in the U.S.
- Medical and Educational Records – Documentation showing specialized care, developmental needs, or medical conditions that qualifying family members rely on local doctors to treat.
- Personal Character Letters – Detailed statements from employers, neighbors, church leaders, and friends explaining honesty, work ethic, and family involvement.
- Evidence of Rehabilitation – Completed counseling courses, community service records, or character references showing positive life changes following a criminal incident.
Putting these pieces together early gives the legal team the raw material needed to construct a persuasive narrative for the immigration judge.
Organized evidence turns personal stories into concrete legal proof that holds weight in a courtroom.
How RKL Law Takes the Lead on Your Case
Navigating an immigration courtroom while managing overlapping criminal charges demands a legal team that understands both the criminal and immigration systems. Founded by former New York prosecutors, Raiser, Kenniff & Lonstein brings a unique, strategic defense perspective to deportation cases.
Our firm handles every stage of the Cancellation of Removal process, so families never have to face the court system alone:
- Immediate Case Evaluation – We review your immigration history and past records to determine whether you meet the statutory eligibility requirements for cancellation.
- Criminal Record Analysis – If past arrests triggered deportation, our background in criminal defense allows us to analyze those charges, challenge improper characterizations by ICE, and present clear evidence of rehabilitation.
- Evidence Preparation – We work directly with you to gather, translate, and organize the medical, financial, and personal records needed to satisfy strict court standards.
- Direct Courtroom Advocacy – We represent you directly before the immigration judge, cross-examining government witnesses and arguing why you deserve to remain in the United States.
Having a dedicated team guide both the criminal and immigration sides of a case removes the guesswork and creates a unified path toward protecting your home and family.