Cancellation of Removal

Cancellation of Removal

Cancellation of removal is a legal remedy available for both permanent and non-permanent residents who are in immigration court deportation/removal proceedings. This relief is available for lawful permanent residents who have resided continuously in the United States for at least five years as permanent residents and have resided continuously in the United States in any lawful status for at least seven years. The alien must essentially demonstrate that there are more positive factors than negatives to justify being allowed to stay in the United States. In addition, a lawful permanent resident must not have been convicted of an aggravated felony.

In order to qualify for Cancellation of Removal for Non-permanent residents, the non-permanent resident must have resided in the United States continuously for ten years after entering the United States illegally without inspection. The alien must establish good moral character during the ten year period preceding the decision made. And, the alien must show that his or her removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a US citizen or Lawful Permanent Resident parent, spouse or child residing in the United States. The hardship requirement is a very difficult standard to meet.