Cancellation of Removal
There are two types of Cancellation of Removal. One is called “Cancellation of Removal for Non-Permanent Residents”, and the other is called “Cancellation of Removal for Permanent Residents.”
What is a Cancellation of Removal?
Cancellation of Removal for Non-Permanent Residents is a form of immigration relief that can prevent an illegal immigrant from being deported or removed from the United States and that can give the person Permanent Resident status. Removal is another name for deportation. Before being deported, individuals are generally entitled to removal proceedings in front of an immigration judge at the U.S. Department of Justice. It is during such removal proceedings that a person would apply for Cancellation of Removal.
Qualifications for Cancellation of Removal
To qualify for Cancellation of Removal for Non-Permanent Residents, the applicant must have
- physically resided in the United States continuously for at least ten years,
- shown “good moral character” during the ten years,
- a spouse or child who is a U.S. Citizen or Permanent Resident and would suffer “exceptional and extremely unusual hardship” if the applicant was to be deported, and
- not obtained any convictions that would make the person inadmissible or deportable. (In some cases a person can obtain Post-Conviction Relief to amend their criminal history to remove the risk of deportation and make them eligible for Cancellation of Removal.)
To qualify for Cancellation of Removal for Permanent Residents, sometimes called LPR Cancellation, a Permanent Resident does not have to prove family hardship, but must have continuously resided in the United States for at least seven years, must have had Permanent Resident status for five years, and must not have been convicted of any “aggravated felonies” as defined in the immigration code.
How the Cancellation of Removal Process Works
Cancellation of Removal is requested by filing a Cancellation of Removal application and providing extensive documentation supporting the applicant’s qualifications for Cancellation of Removal. The documentation for Non-Permanent Residents will typically include written statements and records explaining in detail and verifying why the deportation of the applicant would result in “exceptional and extremely unusual hardship” to the applicant’s family.
After the documentation is submitted, the matter is heard before the Immigration Judge at the U.S. Department of Justice. The judge reviews the applicant’s documents and the immigration judge and attorneys will ask many questions to test the applicant’s qualifications for Cancellation of Removal. If the hearing is successful, the immigrant will be allowed to stay in the United States, and successful illegal immigrants will be awarded Permanent Residency and a Green Card.
How I Help Clients with Cancellation of Removal
I help clients carefully evaluate their qualifications for Cancellation of Removal, obtain Post-Conviction Relief or other forms of relief to help them become eligible for Cancellation of Removal, complete the Application for Cancellation of Removal, compile all necessary documentation, and prepare the client for the immigration court hearing to obtain Cancellation of Removal. If you are in need of affordable representation to obtain Cancellation of Removal, please call me.