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Cancellation of Removal

Cancellation of Removal

For immigrants who have lived in the US for a long period of time and meet certain conditions.

Cancellation of removal is a form of relief from deportation or removal available to certain non-U.S. citizens who are facing removal proceedings in the United States. It allows individuals to request that the immigration judge cancel their removal and grant them lawful permanent resident status (green card) or protect them from being removed from the country. Cancellation of removal is available in two categories: one for lawful permanent residents (LPRs) and one for non-LPRs (often referred to as "non-permanent residents").

Here's an overview of the two categories of cancellation of removal cases:

1. Cancellation of Removal for Lawful Permanent Residents (LPRs):

Eligibility Criteria: To be eligible for cancellation of removal as an LPR, you must meet the following criteria:

  • Be an LPR for at least five years.

  • Have lived in the United States continuously for at least seven years after being admitted in any status.

  • Have not been convicted of an aggravated felony.

Application Process: You can request cancellation of removal during your removal proceedings before an immigration judge. You need to demonstrate that you meet the eligibility requirements and that you deserve this relief based on your positive equities and good moral character.

2. Cancellation of Removal for Non-Lawful Permanent Residents (Non-LPRs):

Eligibility Criteria: To qualify for cancellation of removal as a non-LPR, you must meet the following criteria:

  • Have been physically present in the United States for at least ten continuous years.

  • Have demonstrated good moral character during those ten years.

  • Can establish that your removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.

Application Process: Similar to LPRs, non-LPRs can apply for cancellation of removal during their immigration court proceedings. They must present evidence to support their eligibility and establish the hardship to their qualifying relative.

Cancellation of removal cases can be challenging, as they require individuals to meet specific eligibility criteria and provide strong evidence to support their claims. Immigration judges will consider factors such as family ties, length of residence in the United States, and any potential hardship to U.S. citizen or LPR family members when making their decisions.

It's important to note that cancellation of removal relief is discretionary, meaning that even if an individual meets the eligibility requirements, the immigration judge has the authority to grant or deny the request based on the merits of the case. Due to the complexity of these cases, individuals facing removal proceedings often seek legal representation to navigate the process effectively and present a compelling case for cancellation of removal.

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