Immigration Law News

News and current events related to immigration law.

What is “Cancellation of Removal” for Non-Lawful Permanent Residents

Cancellation of Removal is a form of relief available to those that are in removal (also known as deportation) proceedings and can qualify for it. While the qualifications are generally very difficult to meet, it is still possible for some.

If you are in the United States without any status and are in removal proceedings before a United States Immigration Judge, you may be able to apply for Cancellation of Removal if you meet the following general qualifications:

  1. If you have been physically present in the United States for a continuous period of at least 10 years prior to being served the initial paperwork placing you in removal proceedings (this paperwork is known as a “notice to appear”);
  2. If you have been a person of “good moral character” during the 10 years prior to being served the notice to appear;
  3. If you have not been convicted of certain crimes which would make you statutorily ineligible to apply for this form of relief; and
  4. If you can establish that your removal from the United States would result in exceptional and extremely unusual hardship to your United States Citizen spouse, parent, or child. Note that this means you have to have a spouse, parent, or child who is a lawful permanent resident or United States Citizen to qualify for this form of relief.

It is this last part that is usually the most difficult to prove. Cancellation of Removal for non-lawful permanent residents require exceptional and extremely unusual hardship to your qualifying relatives. As the Board of Immigration Appeals has ruled, to establish exceptional and extremely unusual hardship, an applicant must demonstrate that his or her spouse, parent or child would suffer hardship that is substantially beyond that which would ordinarily be expected to result from a deportation, but need not show that such hardship would be “unconscionable.”

If the United States Immigration Judge finds that you qualify for Cancellation of Removal then your removal case will be stopped and you will become a lawful permanent resident, giving you full authorization to work and remain in the United States legally.

If you, or someone you know, would like to discuss the possibility of qualifying for this form of cancellation of removal, please contact our office at 313-963-2505 .