Cancellation Of Removal

Cancellation of removal is a special type of relief granted to non-U.S. citizens involved in deportation proceedings. People whose application was approved can lawfully stay in the U.S. since the immigration judge has canceled their removal from the country. Only an immigration judge is authorized to grant cancellation of removal.

Both lawful permanent residents (those who have a green card) and nonresidents (those who don’t have a green card) may apply for cancellation of removal.

Am I Eligible for Cancellation of Removal as a Permanent Resident?

You may be eligible for cancellation of removal if you are a lawful permanent resident, also called an immigrant or green card holder. You can become involved in deportation proceedings if you are inadmissible to the U.S. or subject to removal from the country because of criminal convictions.

As a permanent resident, a judge may grant you a cancellation of removal if you meet the following requirements:

• You have been a lawful permanent resident in the U.S. for a minimum of 5 years.
• You have lived in the U.S. for a continuous period of at least 7 years after entering the country under any status.
• You have not been convicted of an aggravated felony.

Keep in mind that there are complex laws related to the previously mentioned 5- and 7-year time spans. It may also be debatable whether a criminal conviction is considered an aggravated felony. These grey areas are why the advice of an immigration lawyer can be valuable to a permanent resident seeking cancellation of removal.

Am I Eligible for Cancellation of Removal as a Nonpermanent Resident?

You could be eligible for cancellation of removal even as a nonpermanent resident who has never been granted a green card. You may undergo deportation proceedings because of the lack of valid immigration status. As a foreign citizen, you may apply for cancellation of removal if you meet the following requirements:

• You have been physically present in the U.S. for a minimum of 10 years.
• You have been a person of good moral character for the last 10 years
• You have not been convicted of specific criminal offenses that will make you inadmissible to the U.S. or removable from the country.
• Your removal will lead to exceptional and extremely unusual hardship for your spouse, parent, or child who is a U.S. citizen or permanent resident.

To be granted cancellation of removal, you must prove that this hardship is exceptional and unusual compared to the challenges other people facing deportation are experiencing.

Examples of successful cancellation of removal cases involve children with severe medical disabilities who cannot receive proper treatment in their native land or brilliantly talented children with a potential for a bright future in the U.S.

Am I Eligible for Cancellation of Removal as a Battered Spouse or Child?

You may be eligible for cancellation of removal if you are a battered spouse or child. You need to prove the following facts:

• You were battered or abused by a spouse or parent who is a U.S. citizen or lawful permanent resident.
• You have been residing in the U.S. for a minimum of 3 years.
• You have behaved like a person of good moral character for the last 3 years.
• You have not been convicted of particular criminal offenses that will make you inadmissible to the U.S. or removable from the country.
• Your removal may result in extreme hardship to yourself, or to your child or parent.

What Supporting Documents Do I Need for Cancellation of Removal?

You must submit documentation that serves as proof of your eligibility to apply for cancellation of removal. For example, supporting evidence for your physical presence in the U.S may include tax return copies, school transcripts, and rental receipts. Documents that prove hardship could consist of medical records, doctor’s correspondence, and educational plans.

You must write and submit a declaration summarizing the important points of your case, which an in-person testimony in court should supplement. Your testimony gives you the chance to make a personal plea to the immigration judge.

What Factors Affect My Cancellation of Removal Application?

Different factors can have a significant impact on your application for cancellation of removal:

• Stop-Time Rule: Your continuous residence in the U.S. is calculated by the stop-time rule. The periods of continuous physical presence may end if you are served a Notice to Appear.
• Breaks in Presence: You will fail to maintain a continuous physical presence in the U.S. if you stay out of the country for over 90 days during one trip or beyond 180 days cumulatively.
• Discretion of Immigration Judge: The immigration judge will approve or deny your approval based on their discretion.
• Work Authorization: You may be eligible for work authorization if you are an applicant for cancellation of removal.

Next Steps

Cancellation of removal allows you to remain in the U.S. even if you face deportation proceedings. Nevertheless, the application process can sometimes be confusing because of abundant misinformation about cancellation of removal.

Reach out to us to get the guidance of legal experts regarding your case. With over 40 years of experience in immigration law, we can help you be granted cancellation of removal!