What is cancellation of removal?

If you or someone you know is in removal or deportation proceedings, you are probably trying to decide whether you have any form of relief available to you that would allow you to stay in the United States. One option that you should discuss with your immigration lawyer is cancellation of removal.

Cancellation of Removal Requirements for LPRs
For a lawful permanent resident (LPR) to qualify for cancellation of removal, he must establish: (1) he has been an LPR for at least five years; (2) he has resided in the United States continuously for seven years after having been admitted in any status; (3) has not been convicted of an aggravated felony; and (4) merits a favorable exercise of discretion. Because cancellation of removal is a very complex area of immigration law, I strongly advise you to consult with an immigration lawyer.

Cancellation of Removal Requirements for non-LPRs
For a non-lawful permanent resident (non-LPR) to qualify for cancellation of removal, he must establish: (1) he has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the application for relief; (2) good moral character during the 10-year period prior to the entry of a final decision in the case; (3) he has no convictions of an offense that would make him inadmissible or deportable; and (4) removal would result in exceptional and extremely unusual hardship to his US citizen or LPR spouse, parent or child. It can be very difficult to determine what type of evidence needs to be submitted to demonstrate good moral character or exceptional and extremely unusual hardship. In addition, what counts as a criminal conviction that would make a person inadmissible or deportable is a very complex area of law. For example, a misdemeanor can be an “aggravated felony” for immigration purposes. Only 4,000 non-LPRs can be granted cancellation of removal each year. Because this area of immigration law is very complex, I strongly recommend you to work with an immigration lawyer if you plan to seek this form of relief.

About Kimberley Schaefer

Kimberley Schaefer is an immigration lawyer with offices in Boise, ID and Rexburg, Idaho. She helps future Americans become citizens by assisting them with immigrant visas, fiance visas, adjustment of status and green card applications, applying for immigration waivers, fighting deportation and applying for asylum. To contact her, you can call (208) 918-0852 or send Kimberley an email now.

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