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Cancellation of Removal is a form of relief that allows someone in removal proceedings to avoid being deported. Non-permanent residents can apply for this type of relief if they meet specific qualifications. An application for cancellation of removal must be filed through the Department of Justice, and it is then up to the discretion of an immigration judge whether it is approved.
Requirements for Canceling a Removal Order
As a non-permanent resident, you may end up in removal proceedings because of a denied application, or because you have been detained by immigration. If you find yourself in that situation, you may still be able to apply for cancellation of removal, but you must meet the following requirements:
- You have lived in the United States continually for at least 10 years before receiving a Notice to Appear
- You have no disqualifying convictions
- You have displayed good moral character
- Your removal would cause extreme and exceptional hardship to a qualifying relative
Your qualifying relatives must be a U.S. citizen or lawful permanent resident spouse, parent, or child under age 21. You must also be able to demonstrate that your relative would suffer extreme and exceptional hardship if you were removed from the United States. The general hardship that your family would experience if you were to be removed from the United States would rarely be enough to sway the government into approving a cancellation of removal. It would have to be something considered above the ordinary level of hardship.
Types of Extreme and Exceptional Hardships
There are various types of hardships that your qualifying relatives could face that may be considered extreme or exceptional in nature, including the following:
- Your qualifying relative is receiving treatment in the United States for a serious illness or disability
- You have a spouse, child, or parent who suffers from major depression or other mental health condition that would likely worsen if you were separated from them
- Your qualifying relative depends on you alone for financial support
- Your qualifying relative would have a difficult time adjusting to life in another country due to cultural, language, or other issues
If you can demonstrate all the required factors, then an immigration judge has the discretion to cancel your removal and approve your lawful permanent resident status so that you can receive a Green Card.
Contact Us To Discuss Canceling Your Removal
If you have received a Notice to Appear and would like to discuss how to cancel your removal order, or if you have questions regarding another immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
