Cancellation Of Removal

Cancellation of removal is available for legal permanent residents (green card holder) and for non-legal permanent residents, or those who might be undocumented here in the United States.

In order to qualify for cancellation of removal for a non-legal permanent resident, you will need to show the following things:

Ten Year Residence in the U.S: You must prove that you have ten years of continuous presence in country. This time-frame is measured from the date you entered the country until the date that the Department of Homeland Security issued you a Notice to Appear in Immigration Court. If you have left the country for a single period of 90 days, or a scattered period of 180 days, you will not meet the necessary residence requirement for cancellation of removal.

You will need to establish 10 years of Good Moral Character.

You will also need to show that a United States legal permanent resident or citizen would face Exceptional & Extremely Unusual Hardship if your removal the country would cause “exceptional and extremely unusual hardship” for you, your spouse, child, or parent.

Certain convictions of certain crimes will bar a person from establishing good moral character.

Cancellation of Removal for Legal Permanent Residents

Legal Permanent Residents can qualify for Cancellation of Removal if these conditions are met.

You have not been convicted of an “aggravated felony”;

You have maintained your Legal Permanent Resident status for at least 5 years prior to filing the application;

You have lived for at least 7 years with continuous residence in the U.S. after lawful admission.

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