Immigration Court Relief - Cancellation of Removal
This guide is intended for applicants in immigration court that may be eligible for relief in the form of Cancellation of Removal.
GenerallyCancellation 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 for 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 for 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.
VAWA Cancellation of RemovalThe applicant will need to show that he or she:
1) was the victim or battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent, or his or her child was subjected to such mistreatment
maintained a continuous physical presence in the United States for three years prior to receiving the notice to appear
2) has been a person of good moral character for the three-year period and is not otherwise inadmissible or deportable
3) has not been convicted of an aggravated felony, and
4) that his or her removal would result in extreme hardship to the alien or the alien's child who is the child of a U.S. citizen or lawful permanent resident, or that
he or she is a child whose removal would result in extreme hardship to the alien or the alien's parent.
Factors to Consider"When exercising discretion in a cancellation of removal case, positive factors to be considered include, but are not limited to, family ties in the United States, residence of long duration in this country, evidence of hardship to the applicant and his family if removal occurs, a history of employment, existence of property or business ties, proof of genuine rehabilitation if a criminal record exists, and other evidence attesting to the applicant's good moral character. Matter of C-V-T-, 22 I&N Dec. at 11; Matter of Edwards, 20 I&N Dec. at 196; Matter of Marin, 16 I&N Dec. at 584-585."