Cancellation of removal is an immigration benefit whereby permanent residents and nonpermanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence, provided certain conditions are met.

The eligibility requirements differ between aliens who are lawful permanent residents and those who are nonpermanent residents. To be eligible for cancellation of removal, permanent residents must show that he/ she (1) has been a lawful permanent resident for at least five years, (2) has continuously resided in the United States for at least seven years, and (3) has not been convicted of an aggravated felony. Nonpermanent residents must establish that he/she (1) has been physically present in the United States for a continuous period of 10 years (2) have been of good moral character during the 10 years, and (3) have not been convicted of select criminal offenses and (4) that removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members.

The immigration judge has the discretion to grant or deny cancellation or removal applications. In determining whether cancellation is warranted, the judge may consider the length of residence in the United States, family and communities ties in the United States, and community service work, among other things

How to Apply for Cancellation of Removal (LPR)

What to prepare and present to the job as evidence that you should not be deported from the U.S

If you are a lawful permanent resident (LPR or green card holder) and find yourself in removal proceedings because of a criminal conviction, you might be eligible for cancellation of removal for lawful permanent residents, as described in Cancellation of Removal for Green Card Holders:

Who is Eligible?

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Once you (and the Immigration Judge) determine that you meet the basic eligibility criteria to apply for cancellation of removal for LPRs, you will have to apply and present your case before the Immigration Court. The Immigration Judge will determine whether or not you will retain your green card or be issued an Order of Removal.

Gathering Evidence to Support Your Cancellation of Removal Request

As the applicant, it is your burden of proof to demonstrate that you are eligible and deserve cancellation of removal for lawful permanent residents. You have to prove that you:

• have been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed
• have continually resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered (discussed further in Cancellation of Removal for Green Card Holders: Who is Eligible?)
• have not been convicted of an aggravated felony
• have not received cancellation of removal or 212(c) relief in the past, and
• as a matter of discretion, deserve to win your case.
• In some cases, the same documents will prove more than one of these things at the same time.

Additionally, once the government reviews your biometric information, it will know whether you were convicted of an aggravated felony or whether you have been in removal proceedings in the past. If you have a criminal record, you should obtain certified dispositions of all arrests to help prove that you do not have an aggravated felony conviction (and you should get an attorney’s help in making this analysis).

Call or connect with us today for a Cancellation removal inquiry.