US Immigration Consultation - Cancellation of Removal
Cancellation of Removal is a legal remedy available during removal proceedings that can stop deportation and grant you lawful permanent residency (a green card) under specific circumstances. It’s a highly technical process with strict eligibility requirements, but for those who qualify, it can mean the difference between staying in the U.S. and being forced to leave. Below is a step-by-step guide to understanding and pursuing Cancellation of Removal.
Who Qualifies for Cancellation of Removal?
Eligibility depends on whether you are a lawful permanent resident (LPR) or a non-lawful permanent resident (non-LPR). Each category has its own requirements:
For Lawful Permanent Residents (LPRs):
- Continuous Residency: You must have lived in the U.S. for at least 7 years after lawful admission.
- Green Card Status: You must have been an LPR for at least 5 years.
- No Aggravated Felonies: You cannot have been convicted of an aggravated felony, which includes serious crimes such as drug trafficking or violent offenses.
- Discretion: The immigration judge must decide that granting relief is in the best interest of the public and outweighs any negative factors in your case.
For Non-Lawful Permanent Residents (Non-LPRs):
- Continuous Physical Presence: You must have been physically present in the U.S. for at least 10 years before removal proceedings began.
- Good Moral Character: You must demonstrate good moral character during the 10-year period (e.g., no serious criminal offenses or fraudulent behavior).
- Exceptional Hardship: Your removal would cause “exceptional and extremely unusual hardship” to a qualifying relative who is a U.S. citizen or lawful permanent resident, such as a spouse, child, or parent.
- Discretion: The judge must weigh the positive and negative factors in your case and find that granting Cancellation of Removal is warranted.