Cancellation of Removal is a form of relief available to certain non-legal permanent residents (NLPRs) who face removal (deportation) from the United States. This allows eligible individuals to stay in the country and eventually obtain lawful permanent resident status (green card). However, qualifying for this relief is not easy, as it involves meeting strict requirements and presenting a strong case.
What Is Cancellation of Removal?
Cancellation of Removal is a discretionary benefit (case-by-case decision) granted by an immigration judge. It’s designed to provide a second chance to individuals who have established strong ties to the U.S. but don’t have legal permanent resident status. If granted, it may stop removal proceedings and provide a pathway to permanent residency.
Eligibility Requirements
To qualify for Cancellation of Removal as an NLPR, you must meet the following criteria:
Continuous Physical Presence
You must have been physically present in the U.S. for at least 10 years before applying for this process. There are some absence exceptions, but extended absences may disrupt the continuous physical presence requirement.
Good Moral Character
You must demonstrate good moral character for the 10 years before your application. Certain criminal convictions or actions may disqualify you.
Exceptional and Extremely Unusual Hardship
You must show that your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child. The hardship may include medical, financial, or emotional factors.
No Disqualifying Offenses
Certain criminal convictions, such as aggravated felonies, may make you ineligible for this process.
The Process
Applying for Cancellation of Removal involves presenting your case during removal proceedings before an immigration judge. This process requires extensive documentation and detailed records demonstrating the potential hardship to your qualifying relatives.
If you think you may qualify or if you have any questions about this process, our expert immigration attorneys at the Scott Law Firm are here to guide you through every step of the process. Contact us now!