Cancellation Of Removal For Permanent Residents
A lawful permanent resident, more commonly referred to as a green card holder or an immigrant, may be placed in removal proceedings if they are inadmissible to the U.S. or subject to being removed from the U.S. This may happen because of a person’s criminal convictions. Fortunately, many permanent residents in removal proceedings are eligible for cancellation of removal.
A permanent resident may be granted cancellation of removal if they can show the following:
They have been a lawful permanent resident for at least 5 years.
They have continuously resided in the U.S. for at least 7 years after having been admitted in any status.
They have not been convicted of an aggravated felony.
Please note that there are complicated laws governing the 5 and 7 year periods mentioned above, as well as whether a criminal conviction qualifies as an “aggravated felony.” It is highly recommended that you consult an experienced immigration attorney to discuss these issues.
Cancellation Of Removal For Nonpermanent Residents
A person who has never been granted permanent resident status in the U.S. may be placed in removal proceedings due to their lack of valid immigration status in the U.S. As the Department of Homeland Security is actively trying to deport them from the U.S., they must apply for relief from deportation if they want to be allowed to remain in the U.S. This foreign citizen may be eligible for their green card through cancellation of removal for nonpermanent residents if they can show the following:
They have been continuously physically present in the U.S. for at least 10 years.
They have been a person of good moral character during such period.
They have not been convicted of certain criminal offenses that would make them inadmissible to the U.S. or removable from the U.S.
Their removal would result in an “exceptional and extremely unusual hardship” to their spouse, parent, or child, who is a U.S. citizen or permanent resident of the U.S.
Please note that hardship will be present in all cases where a person is potentially deported. This standard level of hardship is not sufficient to be granted cancellation of removal. Rather, a person must prove that the hardship in their case is “exceptional and extremely unusual” when compared with other people also facing deportation. Thus, children not being familiar with the language or the culture in the foreign country is typically not sufficient. Example of successful cancellation of removal cases includes children who have severe medical disabilities that are not properly treated in foreign countries, or children who are exceptionally talented with a bright future in the U.S., etc.
Cancellation Of Removal For Battered Spouse Or Children
A person may also be granted cancellation of removal as a battered spouse or child. Applicants must prove the following:
They have been battered or subjected to extreme cruelty by a spouse or parent who is a U.S. citizen or lawful permanent.
They have been physically present in the U.S. for at least 3 years.
They have been a person of good moral character during such period.
They have not been convicted of certain criminal offenses that would make them inadmissible to the U.S. or removable from the U.S.
Their removal would result in extreme hardship to themselves, their child or their parent.
