Cancellation of Removal and Lawful Permanent Residence
Eligibility Criteria
Cancellation of Removal is a form of relief from deportation that allows eligible non-citizens who have been living in the United States unlawfully to remain in the country and, in some cases, obtain lawful permanent residency (a green card). This legal remedy is available to individuals who have been placed in removal proceedings and meet specific criteria set forth by U.S. immigration law.
To be eligible for Cancellation of Removal, applicants must demonstrate that they have been continuously present in the U.S. for at least 10 years, show that their deportation would result in exceptional and extremely unusual hardship to a qualifying relative, and prove that they possess good moral character. If granted, Cancellation of Removal allows individuals to apply for lawful permanent residency, ultimately leading to a green card. However, this relief is discretionary, meaning that even if an individual meets all the eligibility criteria, the immigration judge has the authority to deny the request based on other factors, such as criminal history or ties to the U.S.
The process of applying for Cancellation of Removal can be complex and requires careful documentation and a well-prepared case. Immigration Family Visa works closely with clients to navigate the process, presenting compelling evidence to ensure the best chance of success.
Master Hearing and Trial
The Master Hearing is typically the first court appearance for individuals seeking Cancellation of Removal. During this hearing, the immigration judge will assess whether the applicant is eligible for this form of relief, schedule further hearings, and address procedural issues. The judge will also evaluate whether the applicant has met the basic eligibility requirements, such as the 10 years of continuous presence in the U.S. and whether the applicant is eligible to apply for Cancellation of Removal. If the case is progressing to the Individual Hearing, the judge will schedule it and notify both the applicant and the government of the date. At the Individual Hearing, the applicant will have the opportunity to present their case, demonstrating their eligibility for Cancellation of Removal.
This is where the applicant will showcase the evidence that supports their continuous presence in the U.S., including documents such as tax returns, leases, school records, or medical records. The applicant will also present testimony from themselves and possibly family members to show the exceptional hardship their deportation would cause to their qualifying relatives, such as U.S. citizen or permanent resident children or spouses. At Immigration Family Visa, our experienced legal team prepares clients meticulously for these hearings, helping them understand the significance of each stage and ensuring they are well-prepared to present their case persuasively.
Eligibility Factors for Cancellation of Removal
10 Years of Continuous Presence
To qualify for Cancellation of Removal, applicants must show they’ve been continuously present in the U.S. for at least 10 years. This means no significant breaks or long trips outside the country during this time. Exceptions may apply for certain circumstances like military service. Documents like tax returns, medical records, and employment history help prove continuous residence.
Exceptional and Extremely Unusual Hardship
Applicants must demonstrate that their deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident relative. Hardship factors may include severe medical issues, financial strain, or emotional distress. The hardship shown must go beyond what is typically experienced in family separation. Supporting evidence could include medical records or expert testimony.
Good Moral Character
Applicants need to prove good moral character during the 10 years before applying for Cancellation of Removal. This means showing a history of law-abiding behavior and community involvement. Criminal history can complicate eligibility, but evidence of rehabilitation or positive contributions to society can strengthen a case.