CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS
Are you a person without immigration status, who has lived in the U.S. for ten years continuously?
Have you kept out of trouble with law enforcement? (This means you don’t have criminal convictions that could get you deported or not admitted again into the U.S.)
Are you a person of good moral character?
Do you have a U.S. citizen relative (spouse, child or parent) that would experience exceptional and extremely unusual hardship if you were deported or removed from the U.S.?
If you said yes to all of the above questions, you may be eligible for cancellation of removal pursuant to the Immigration and Nationality Act (INA).
Cancellation of removal is a form of relief from being deported or removed from the U.S. You may only apply for cancellation of removal if you have an open case in deportation or removal proceedings in Immigration Court. If you don’t have a scheduled appearance in Immigration Court, you can’t apply for cancellation of removal.
Let’s say you already appeared in Immigration Court and now your case is closed because you have a final order of removal or deportation from an Immigration Judge. You can’t apply for cancellation of removal unless you convince the Immigration Court to grant a motion to reopen your case.
Cancellation of removal is a discretionary form of relief. So even if you can show that you meet all eligibility requirements, the Immigration Court could still decide that you don’t deserve to be granted cancellation of removal.
Numerous cancellation of removal cases have been denied on the grounds that the applicant was unable to show that their deportation or removal would cause “exceptional and extremely unusual hardship” to the U.S. citizen relative.
If you are considering applying for cancellation of removal, schedule a consultation with an experienced immigration lawyer.