Cancellation of Removal Lawyer Serving Somerset County, New Jersey

If you are a green card holder in Somerset County facing deportation, a Cancellation of Removal Lawyer Somerset County can be your strongest defense. This form of relief from removal lawyer Somerset County experience is critical under the Immigration and Nationality Act. Law Offices Of SRIS, P.C.

Last verified: March 2026 | Superior Court of NJ, Somerset Vicinage | Somerset Vicinage Court website

What Is Cancellation of Removal for Lawful Permanent Residents?

Cancellation of removal is a defense against deportation available to certain lawful permanent residents (green card holders). Governed by the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1229b(a), it allows an immigration judge to cancel removal and allow you to keep your green card. To qualify, you must meet strict criteria: you must have been a lawful permanent resident for at least five years, have continuously resided in the U.S. for seven years after being lawfully admitted, and not have been convicted of an aggravated felony. Most critically, you must demonstrate that removal would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child. This is a discretionary form of relief, meaning the judge weighs all factors. Founded in 1997 by former prosecutor Mr. Sris, our firm understands the high stakes and meticulous evidence required for a successful cancellation case.

Official Resources and Legal Authority

Understanding the legal framework is essential. The primary authority is federal law, not state statute. You can review the official text of the Immigration and Nationality Act governing cancellation of removal on the U.S. House of Representatives website. For local procedure, the Executive Office for Immigration Review (EOIR), which oversees immigration courts, provides critical resources. In New Jersey, removal proceedings for Somerset County residents are typically heard at the Newark Immigration Court. The Board of Immigration Appeals (BIA) hears appeals from these decisions.

1. Receive a Notice to Appear (NTA): The process begins when the Department of Homeland Security (DHS) serves you with an NTA, placing you in removal proceedings and listing the charges against you.
2. File the Application (Form EOIR-42B): You must formally apply for cancellation of removal by filing Form EOIR-42B, Application for Cancellation of Removal, with the immigration court. This must be done before the individual hearing.
3. Gather and Submit Evidence: Compile extensive evidence to meet all eligibility requirements, with a heavy focus on documents proving the exceptional hardship to your qualifying relative (medical records, psychological evaluations, school reports, affidavits).
4. Attend the Individual Hearing: You will present your case before an immigration judge. You and your witnesses will testify, and your attorney will argue why you merit this discretionary relief.
5. Await the Judge’s Decision: The immigration judge will issue a written decision. If granted, your removal proceedings are terminated, and you retain your lawful permanent resident status.
6. Appeal if Necessary: If denied, you generally have 30 days to appeal the decision to the Board of Immigration Appeals (BIA).

Potential Consequences and Defenses

In federal immigration proceedings, a final order of removal can result in deportation, separation from family, and bars to returning to the U.S. for years or permanently.

A successful cancellation of removal defense stops deportation and allows you to remain a permanent resident. The primary defense is proving you meet all statutory eligibility requirements and merit a favorable exercise of the judge’s discretion. Strong legal arguments often center on meticulously documenting the “exceptional and extremely unusual hardship” standard, which is far more severe than ordinary hardship. An experienced deportation cancellation lawyer Somerset County will also challenge the government’s charges of removability if there are legal weaknesses.

Our Experience with Immigration Defense

Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. Firm-wide, we have handled over 4,739 documented case results. We provide focused representation for cancellation of removal and other deportation defenses for Somerset County residents.

Results may vary. Prior results do not guarantee a similar outcome.

Cancellation of Removal in Somerset County: Frequently Asked Questions

For more information on related legal matters in Somerset County, see our pages on criminal defense and family law. For immigration help in nearby areas, our Hunterdon County immigration lawyers and Morris County immigration lawyers are also available. Learn more about our firm’s approach on our New Jersey immigration hub page.

Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.