Cancellation of Removal
Cancellation of removal is a discretionary form of relief for lawful permanent residents and nonpermanent residents, which gives individuals that have committed certain crimes a second chance to stay in the United States.
Cancellation of Removal LPRTo qualify for cancellation of removal as a lawful permanent resident, the following requirements must be met:
Have been lawfully admitted for permanent residence for not less than five years;
Have resided in the United States continuously for seven years after having been admitted in any status; and
Not have been convicted of any aggravated felony.
Cancellation of Removal Non-LPRTo qualify for cancellation of removal as a nonpermanent resident, the following requirements must be met:
Ten years of continuous physical presence in the United States immediately preceding the date of your application for cancellation of removal;
The individual is a person of good moral character during this ten years;
The individual has not have been convicted of certain criminal offenses; and
Such removal from the United States would result in "exceptional and extremely unusual hardship" to the individual's spouse, parent, or child, who is a United States citizen or lawful permanent resident.
Exceptional and Extremely Unusual Hardship"Exceptional and extremely unusual hardship" means that a person undergoing removal proceedings must provide evidence of hardship to his qualifying spouse, parent or child which is "substantially beyond that which would be expected to result from the alien's deportation."
Good Moral CharacterThe judge will decide that the applicant does not have good moral character based on "discretionary factors," which measures up to the standards of average citizens in the community. This often means that the applicant follows the law, pays his/her taxes, and cares for his family and neighborhood.
Preparation of CaseIf you are currently in immigration court proceedings and believe you may be eligible for Cancellation of Removal, consult with an attorney right away. It is important to prepare the most solid case before appearing before the Immigration Judge. In doing so, you improve your chances of approval considerably.