Cancellation of Removal
Foreign nationals who have come to the United States and have lived here for a long time, who are also currently in removal / deportation proceedings, could be eligible for relief through cancellation of removal. Applicants could also receive a green card through this form of relief. The eligibility requirements for cancellation of removal are:
- You have been living continuously in the U.S. for at least ten years;
- Your being removed / deported from the U.S. would cause ''exceptional and extremely unusual hardship'' to your qualifying relative(s), who is (or are) U.S. citizens or permanent residents;
- You can show that you have ''good moral character''; and
- You have not been convicted of certain crimes or violated certain laws.
You should consult with an experienced immigration attorney to understand whether you meet these eligibility requirements and can obtain benefit through cancellation of removal. There is also another type of cancellation of removal for those who are already permanent residents and find themselves in removal / deportation proceedings because of a criminal conviction or any other reason. To qualify for cancellation of removal if you are already a green card holder, you will need to prove that you:
- have been a permanent resident of the U.S. for at least five years at the time that the application is filed
- have continuously resided in the U.S. for at least seven years after being admitted in any status and before the ''stop-time rule'' is triggered
- have not been convicted of an aggravated felony
- have not received cancellation of removal or any 212(c) relief in the past, and
- as a matter of discretion, you deserve to win your case.
You should consult with an experienced immigration attorney to understand how to best present your case to the Immigration Judge.