Cancellation of Removal
Under United States federal law, anyone who is unlawfully present in the United States is subject to removal from the country. Removal proceedings are typically held in immigration court in front of an administrative law judge. If the judge determines that you do not have a legal right to remain in the country, you will be ordered to be removed, or deported. One possible defense to removal is cancellation of removal. If successful, cancellation or removal stops the removal proceedings and grants the respondent permanent resident status.
Who May Qualify for Cancellation of Removal?
In order to qualify for cancellation of removal, the respondent must prove several things:
- Continuous physical presence in the United States for ten years prior to the removal proceeding. You must also prove that you have been a person of "good moral character" during that time;
- You have not been convicted of certain offenses; AND
- Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.
- You are the victim of abuse or extreme cruelty by your U.S. citizen or lawful permanent resident spouse or parent or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
- You have maintained continuous physical presence in the United States for three years or more and you have been a person of good moral character during such period;
- You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;
- Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or You are a child whose removal would result in extreme hardship to you or your parent; and
- You are deserving of a favorable exercise of discretion on your application.
If you have been served with a Notice to Appear for a removal proceeding, please contact our office immediately and schedule an appointment to discuss the legal issues involved in your case.