Facing removal or deportation proceedings can be overwhelming and frightening. If you or a loved one is at risk of being removed from the United States, it’s important to understand that you may have legal options to remain in the country. Continue reading to learn more about cancellation of removal and consult with an experienced Astoria immigration lawyer today.
What is Cancellation of Removal?
Cancellation of Removal is a form of immigration relief available in the United States that prevents an eligible individual from being deported or removed from the country. It is discretionary, meaning an immigration judge has the authority to grant or deny the application even if the applicant meets all statutory requirements. This process is governed by the Immigration and Nationality Act (INA) § 240A.
If granted, cancellation of removal allows eligible non-permanent residents to adjust their status to lawful permanent resident. For lawful permanent residents, it allows them to retain their status and avoid deportation. There are two main categories of cancellation of removal: one for non-permanent residents (non-LPR) and another for lawful permanent residents (LPR). Each category has strict eligibility criteria that must be met to qualify for consideration. The decision rests with the immigration judge, who weighs the positive factors against any negative factors in the individual’s case.
Who Qualifies for Cancellation of Removal for Non-Permanent Residents?
To qualify for cancellation of removal for non-permanent residents, an individual must meet several strict requirements. Consider the following.
- Continuous physical presence: The applicant must have been physically present in the U.S. for a continuous period of at least ten years immediately preceding the date the application is filed. Certain brief departures may be forgiven.
- Good moral character: They must demonstrate that they have been a person of good moral character throughout that ten-year period.
- No disqualifying criminal offenses: The applicant must not have been convicted of any crime that would render them ineligible for relief, such as an aggravated felony.
- Exceptional and extremely unusual hardship: They must prove that their removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident spouse, parent, or child. This is often the most difficult requirement to meet.
Who Qualifies for Cancellation of Removal for Green Card Holders?
Lawful permanent residents, or green card holders, facing deportation may apply for cancellation of removal if they meet specific criteria. They must demonstrate that they have:
- Been a lawful permanent resident for at least five years.
- Resided in the United States continuously for seven years in any status after being admitted.
- Not been convicted of any aggravated felony.
Unlike non-LPR cancellation, LPR applicants do not need to prove hardship to a qualifying relative. The immigration judge reviews the individual’s positives, like ties to the U.S., community service, and employment history, against the negative factors, like a criminal record or immigration violations, to make a discretionary decision.
Reach out to a skilled immigration attorney for more information and legal advice today.
