Cancellation of Removal

Cancellation of removal is a form of relief from deportation or removal. This allows an immigrant to apply for cancellation of their removal proceedings under certain circumstances.

Cancellation of removal is applicable to lawful permanent residents, non-permanent residents, and victims of domestic violence.

Cancellation of removal is available for certain lawful permanent residents who can show that they:

• Have been admitted for permanent residency of at least five years;
• Have resided continuously in the United States for seven years after having been admitted in any status; and,
• Have not been convicted of an aggravated felony.

When the Notice to Appear in Immigration Court is issued the period of continuous residency is stopped, the time period also stops when an offense is committed that renders the noncitizen inadmissible or removable.

There is a discretionary criteria that is used to determine eligibility for cancellation of removal. Factors weighed in making a determination include and are not limited to:

• Family ties within the United States.
• Residency of a long duration in the United States.
• A showing of hardship to the lawful permanent resident’s family if he or she is deported;
• Military service.
• Proof of rehabilitation if criminal record exits.
• Evidence showing proof of good character.

Once the cancellation of removal is granted the noncitizen returns to lawful permanent status.

Cancellation of removal is available for certain non-permanent residents who can show that they:

• Have been physically present in the United States for a continuous period of not less than 10 years immediately before they were issued a Notice to Appear;
• Have displayed good moral character during the 10 year period;
• Have not been convicted of any offenses listed in either the criminal provisions of inadmissibility or deportation grounds in the Immigration and Nationality Act.
• Can show that their removal would result in extremely unusual and exceptional hardship to their qualifying relative who is either a citizen or lawful permanent resident of the United States.
• In showing extremely unusual and exceptional hardship to the applicant’s United States citizen or lawful permanent resident spouse, parent, or child several factors that are considered include and are not limited to:
• The length of the alien’s presence that is over the ten year minimum requirement;
• The alien’s age, both at the time of entry and time of the application for cancellation;
• Lawful permanent resident or United States citizen family ties within the United States;
• The alien’s family ties outside the United States;
• Conditions in the country or countries to which the alien is returnable and the alien’s ties to such countries;
• Financial impact of departure from the United States;
• Significant health conditions, particularly when it is tied to the unavailability of suitable medical care in the country to where the alien will return;
• The possibility of other means of adjustment of status or future entry in this country;

If cancellation of removal is successful the non-permanent resident can seek to adjust their status as relief.

Certain noncitizen victims of domestic violence are eligible for cancellation of removal. The victim must be able to show that he or she has:

• Been battered or subjected to extreme cruelty by their spouse or parent who is a United States citizen or lawful permanent resident;
• Been continuously present in the United States for three years immediately before the application for cancellation of removal; the Notice to Appear does not stop the three year continuous residence period.
• Been of good moral character during the three year period;
• Will suffer extreme hardship to him/herself, or to the noncitizen’s child or parent.

The noncitizen is not eligible for relief if he or she has committed an aggravated felony, marriage fraud, or other crimes defined in the Immigration and Nationality Act.

Once the cancellation of removal is granted the victim of domestic violence is allowed to adjust their status as a form of relief. Also, the children of the battered spouses are allowed to adjust their status as a form of relief.

If you are a currently in removal or deportation proceedings and need relief our attorneys want to help you. Call our Boston, Massachusetts, office at 617-426-8100 or send an email for a confidential meeting.