Philadelphia Immigration Court Grants Cancellation of Removal

Philadelphia Immigration Court Grants Cancellation of Removal

Our Philadelphia immigration lawyers secured a grant of cancellation of removal for one of our clients in Immigration Court in Philadelphia, PA.

Our client, a national of Ghana, came to Getson & Schatz after being placed into removal proceedings following the rejection of two prior I-130 Petitions filed on his behalf.  Our immigration lawyers analyzed our client’s situation and decided to pursue cancellation of removal by filing Form EOIR-42B.  This form of relief from removal is available to non-permanent residents:


  1. Who, prior to receiving a Notice to Appear, have continuously resided in the United States for 10 years and during which time have been people of good moral character as defined in section 101(f) of the INA;


  1. Who have not been convicted of an offense covered under sections 212(a)(2) (criminal grounds of inadmissibility), 237(a)(2) (criminal grounds for deportation), or 237(a)(3) (failure to register and falsification of documents grounds for deportation) of the INA; and


  1. Whose removal would result in extreme and exceptionally unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and who are deserving of a favorable exercise of discretion on their application.


Our Philadelphia immigration lawyers compiled decades worth of documents to show that our client had been continuously residing in the United States since 1988, which is far longer than the 10-year requirement for eligibility for EOIR-42B relief, and that he had never been convicted of any of the prohibited offenses under the INA.  Further, our lawyers collected statements from our client’s mother, a permanent resident with numerous health issues and a devolving memory, and his U.S. Citizen son, a high school student who is dependent on his father’s health insurance and salary for his future studies, along with volumes of medical and financial records of both, to show that two people would suffer extreme and exceptionally unusual hardship if our client were removed from the United States.

The #immigration lawyer handling the case submitted over 500 pages worth of evidence to the Department of Homeland Security’s lawyers and to the Immigration Court in Philadelphia.  After examining the evidence, the Department of Homeland Security’s lawyers did not oppose the Immigration Judge granting our client’s application for cancellation of removal, which led to the Immigration Judge granting his EOIR-42B application that will permit him to remain in the United States with his family as a permanent resident and avoid causing extreme and exceptionally unusual hardship to his LPR mother and U.S. Citizen son.