Post Views: 145

What is Cancellation of Removal? 

Cancellation of removal is a type of immigration relief that non-permanent residents (Non-LPR) and lawful permanent residents (LPRs) can apply for to avoid deportation. Cancellation of removal applications go through an immigration judge, who will ultimately decide on an applicant’s status based on specific criteria. Although both Non-LPR and LPRs can apply for cancellation of removal, they must meet specific requirements before a judge grants them legal status.

LPR Cancellation of Removal Requirements

There are three main requirements that individuals with an LPR status have to meet when going through the ”cancellation of removal” process. To be considered eligible, LPRs must:

  1. Have lived in the United States for a minimum of seven years since being legally admitted.
  2. Have lived in the United States for a minimum of five years without committing a crime.
  3. Have never been convicted of an “aggravated felony” charge for immigration purposes.

If you are a Lawful Permanent Resident (LPR) and have committed a crime or been placed into a removal proceeding, you may qualify for cancellation of removal. Although the criteria may seem challenging to meet, it is essential to discuss your status with an experienced immigration attorney so that they may determine what steps you should take next.

Non-LPR Cancellation of Removal Requirements

If you are a Non-LPR, it is not impossible to qualify for cancellation of removal as long as the applicant:

  1. Proves that He/she has resided in the United States for a minimum of ten years.
  2. Does not have certain criminal convictions. [Crimes listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3)]
  3. Proves that being deported would cause an “exceptional and extremely unusual hardship” to his/her family members, whether that be; children, parents, spouses, etc., who are lawful permanent residents (LPRs).

Although this form of cancellation of removal typically applies in rare instances, it has been done before, and if you meet the qualifications, it may apply to you. We do not advise Non-LPRs to apply for this without speaking to an experienced immigration attorney. If you are a Non-LPR or know someone who is looking for more clarification on the cancellation of removal requirements, please continue reading.

Non-LPR Proof of 10-year Residency 

For a Non-LPR to meet the requirement, they must continuously prove that they have lived in the United States for a minimum of ten consecutive years. This means that the applicant lived in the U.S. WITHOUT leaving for ten years. A Notice to Appear (NTA) is the document that initiates a removal proceeding, and once a Non-LPR has received this notice, their “time-clock” stops, and they will no longer be allowed to count anymore time in the U.S. towards the ten-year requirement. For example, suppose Sally lived in the United States from June 28th, 2010, until 2022 but received an NTA in 2019. In that case, she does NOT qualify for cancellation of removal because she did not complete the entire ten years before being served an NTA.

Criminal Convictions with a Non-LPR Status

As stated above, there are certain criminal convictions that an applicant must not have on their record to be applicable for a Non-LPR cancellation of removal. Although all of the convictions are listed on INA sections 212(a)(2), 237(a)(2), or 237(a)(3)], some of them include:

  • Falsely claiming to be a citizen of the United States.
  • Failing to register as a sex offender.
  • Being charged with an aggravated felony.
  • Committing treason.
  • And more!

Please see the complete list of disqualifying convictions to assure you are eligible.

Proving Unusual Hardship

The most difficult qualifying requirement is to prove that being deported will cause the applicant’s LPR relative extreme and unusual hardship. Every immigration case is unique to the individual, and it is up to an immigration judge to decide if the hardships the applicant claims are statutory for qualification. Part of this includes hiring a seasoned immigration attorney to prove that your qualifying relative would suffer from your deportation.

At Rivera Law, we are determined to provide solutions to your immigration worries. Don’t let your Cancellation of Removal case slip into the wrong hands! Call our office at 561-651-9322 today OR visit our website now.