Cancellation of Removal
Cancellation of Removal is an important legal remedy for both Permanent Residents and non-permanent residents who are in immigration court removal (deportation) proceedings.
Cancellation of Removal for Lawful Permanent Residents:
This important form of relief is available for non-citizens who have resided continuously in the U.S. for at least five (5) years as lawful Permanent Residents and have resided continuously in the U.S. in any lawful status for at least seven (7) years. In addition, a lawful permanent resident must not have been convicted of an aggravated felony.In addition, the applicant must establish that her or she warrants approval as "a matter of discretion." This means that the judge must balance the adverse factors of undesirability with the social and humane considerations to determine whether the granting of this relief is in the best interest of the United States.
Favorable considerations are:
Family ties within the United States
Residence of long duration in the US, especially if begun at a young age
Evidence of hardship if removal occurs (to both applicant and family)
Service in the US Armed Forces
A history of employment
The existence of property or business ties
Value to the community
Proof of rehabilitation if criminal convictions exist
Cancellation of Removal for Those Who are Not Lawful Permanent Residents
Cancellation of removal as a non-permanent resident may be available to you. In order to qualify, you must:
have resided in the U.S. continuously for ten (10) years in any capacity even though you may have entered the U.S. illegally.
You must establish good moral character which includes a strong work history in the U.S. during those years.
You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the U.S. While these hardship requirements are very substantial, aliens who have US citizen spouses, children, grandchildren, and parents residing in the U.S. may be eligible for this form of relief.