Cancellation of Removal

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If you or someone you know has been picked up by immigration, and you're wondering what options you have, it may help you to know that there is a special type of relief that is only available to people in this situation.  Cancellation of removal is exactly what it sounds like--although the person is "removable" from the United States because of some immigration violation, cancellation of removal stops that process and allows the person to remain in the US as a permanent resident.  It is only available in immigration court, and it is a discretionary form of relief, which means that it's up to the judge, weighing the specific factors in your case, whether you will be granted this relief.  This post will deal with cancellation of removal for people who are not permanent residents already; a future post will talk about LPR cancellation.  Here are a few things you should know:

1.  Cancellation of removal requires proof of 10 years of presence in the United States from the date of the Notice to Appear.  If you have been in the US for less than 10 years, this relief is not for you, although you should talk to an immigration attorney (you can email me at christina@cruddenlegal.com) to determine whether you have other options.

2.  Cancellation of removal requires good moral character during that 10 year period.  Having criminal convictions can be harmful to your cancellation case.  You'll also want to show that you have been contributing to society during that time, whether by participating in community activities, paying taxes, supporting your family, or anything else that demonstrates that you are the type of person we would like to have as a member of the community.

3.  Cancellation of removal requires that you demonstrate hardship to a qualifying relative, who must be a US citizen or Lawful Permanent Resident spouse, child or parent.  Hardship is more than just the usual sadness that you and your family would experience upon being separated.  It's very important that you prepare your case carefully to demonstrate the hardship that your family would experience, and an immigration lawyer can help you to do this.

4.  You do not need to have legal status in the United States, or to have used a visa when you entered the US, to be eligible for this relief.  If you did use a visa when you entered, explore first whether there are other options that might be better for you, like adjustment of status.  Talk to an immigration lawyer if you need more information about the options that are available to you.

5.  Cancellation of removal is not an easy form of relief, and a successful application will require a lot of work from you.  Be wary of anyone who promises you an easy success, or who doesn't ask you for a lot of information--a good cancellation of removal application takes many hours to prepare, and requires a great deal of paperwork and documentation.

If you have questions about cancellation of removal, please do not hesitate to contact me at christina@cruddenlegal.com.  As always, best of luck to you in your case!