Cancellation of Removal Lawyer Bergen County — Can You Stop Deportation?
Cancellation of removal is a critical form of relief from deportation for certain non-permanent residents in Bergen County. To qualify, you must prove 10+ years of continuous physical presence, good moral character, and that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | Bergen Vicinage Court Website
What Is Cancellation of Removal?
Cancellation of removal is a discretionary form of relief from removal lawyer Bergen County clients may seek before an immigration judge. Governed by the Immigration and Nationality Act (INA) at 8 U.S.C. § 1229b, it allows certain non-lawful permanent residents to apply to have their deportation order canceled and to adjust their status to that of a lawful permanent resident. The burden of proof is high, requiring extensive documentation and persuasive legal argument. Success hinges on demonstrating that you meet all statutory elements and merit a favorable exercise of the judge’s discretion.
Official Resources & Legal Authority
Understanding the legal framework is the first step. The primary authority is federal law.
- Immigration and Nationality Act (INA) – The foundational body of U.S. immigration law.
- Executive Office for Immigration Review (EOIR) – Oversees the immigration courts where cancellation cases are heard.
- Initial Consultation & Case Assessment: An attorney reviews your immigration history, criminal record, family ties, and gathers facts to assess eligibility for cancellation of removal.
- Evidence Gathering & Case Building: Your legal team will compile documents proving continuous physical presence (leases, bills, employment records), good moral character (tax returns, affidavits), and most critically, evidence of exceptional hardship (medical records, experienced reports, school IEPs).
- Filing the Application & Supporting Brief: Your cancellation of removal lawyer Bergen County files Form EOIR-42B with the immigration court, accompanied by a detailed legal brief arguing how you meet each statutory element.
- Master Calendar Hearing: You appear before the immigration judge to confirm the application is ready. The judge may set deadlines or address procedural issues.
- Individual Hearing (Merits Hearing): This is the trial. You and your witnesses testify. Your attorney presents evidence and legal arguments. The government’s attorney opposes the application.
- The Judge’s Decision & Potential Appeals: The judge issues a written decision. If denied, you may have the right to appeal to the Board of Immigration Appeals (BIA).
In Bergen County, a successful cancellation of removal application can permanently stop deportation and grant lawful permanent resident status, but the legal standards are among the highest in immigration law.
Why Choose Law Offices Of SRIS, P.C. for Your Bergen County Immigration Case?
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in contested immigration matters like cancellation of removal. We understand the high stakes of deportation defense and the detailed evidence required to prove exceptional hardship to a U.S. citizen family member.
Documented Case Results in Immigration Law
While every case is unique, our firm-wide approach to building strong legal defenses has contributed to over 4,739 documented case results with a favorable outcome rate exceeding 93%. In immigration matters, favorable outcomes can include grants of cancellation of removal, asylum, adjustment of status, and successful appeals.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Jersey Location Serving Bergen County
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients at Bergen County courts and represents individuals in proceedings at the Newark Immigration Court. We are accessible via I-80, the NJ Turnpike, and Route 17. If you need a deportation cancellation lawyer Bergen County trusts for removal defense near Hackensack or Paramus, contact us for a 24/7 phone consultation. Meetings are by appointment only. We serve communities throughout Bergen County including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
Frequently Asked Questions: Cancellation of Removal in NJ
Who is eligible for cancellation of removal for non-permanent residents?
It depends. You must prove: 1) 10+ years of continuous physical presence in the U.S. before receiving the Notice to Appear; 2) good moral character during that period; 3) no convictions for certain crimes; and 4) that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child.
What does “exceptional and extremely unusual hardship” mean?
This is the highest hardship standard in immigration law. It goes beyond the common hardships of family separation or relocation. It typically requires documented, severe circumstances such as a qualifying relative’s critical medical condition that cannot be treated in your home country, or significant special needs of a child that would be devastated by your deportation.
Can I apply for cancellation of removal if I have a criminal record?
It depends on the crime. Certain criminal convictions, including aggravated felonies, crimes involving moral turpitude, drug offenses, and firearms offenses, will make you statutorily ineligible. A minor offense may not be a bar, but it can severely impact the judge’s discretion. A deportation cancellation lawyer Bergen County relies on can analyze your specific record.
How long does the cancellation of removal process take?
Currently, due to extensive backlogs in immigration courts like Newark, the process from filing to a final decision can take several years. The timeline includes multiple hearings and extensive waiting periods. It is a lengthy commitment requiring persistent legal representation.
What happens if my cancellation of removal application is granted?
If granted, the immigration judge will terminate your removal proceedings and simultaneously grant you lawful permanent resident status (a green card). You will then be able to live and work permanently in the United States.
What if my application is denied?
If denied, you generally have 30 days to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA denies the appeal, you may be able to seek review in a federal circuit court. It is critical to have an attorney who can handle these appeals.
Related Pages: For other legal needs in Bergen County, see our Bergen County criminal defense lawyer and Bergen County family law lawyer pages. For statewide immigration information, visit our New Jersey immigration lawyer hub.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your specific situation.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Cancellation of Removal Attorney Hudson County, NJ · Cancellation of Removal Lawyer Monmouth County, NJ.