Cancellation of removal is a form of relief from deportation or removal from the United States. In the vast majority of situations, a person only applies for cancellation of removal if the person has an open case in deportation or removal proceedings in Immigration Court before an Immigration Judge.
Cancellation of removal is a discretionary form of relief. Even if you can show that you meet all eligibility requirements, the Immigration Judge could still decide that you don’t deserve to be approved and could deny your case.
To qualify for cancellation of removal, you must prove to the Immigration Judge the following things:
- Ten Years in the U.S. You have been continuously physically present in the United States for at least ten years. The 10-year period is measured from the date of entry until the date that the Department of Homeland Security issues a Notice to Appear in Immigration Court. A single absence of 90 days or a several absences totaling 180 days will interrupt the continuous physical present necessary for cancellation of removal;
- Good Moral Character. You have been a person of good moral character during that 10 year period of time;
- No convictions that make you inadmissible or deportable. You haven’t been convicted of certain criminal offenses that would render you inadmissible or deportable; and
- “Exceptional and extremely unusual hardship.” Your possible deportation would cause “exceptional and extremely unusual hardship” to your lawful permanent resident or U.S. citizen spouse, child or parent.
Plenty of cancellation of removal cases have been denied on the grounds that the applicant have shown that their deportation would cause hardship but that the hardship doesn’t meet the high standard of “exceptional and extremely unusual hardship.
To meet this standard, you must show that your deportation would cause your U.S. citizen or permanent resident child, spouse or parent to suffer a hardship, which would be substantially worse than the hardship normally expected from deportation.
If you think you might have a case for cancellation of removal, contact our office to request a consultation appointment.
