What is Cancellation of Removal?
An application for cancellation of removal is a form of immigration relief, exercised in Immigration Court as a administrative discretionary act. This form of immigration relief is only available to certain individuals who have been placed into removal proceedings before the U.S. Executive Office for Immigration Relief (EOIR). It was designed to suspend the deportation of undocumented immigrants as well as lawful permanent resident aliens.
Please note that a person who has a criminal conviction record is not eligible for cancellation of removal. Read more about Deportation and Removal Proceedings here.
What is Cancellation of Removal for Non-Permanent Residents?
Cancellation of removal for non-permanent residents may be granted if you have:
- Been continuously present for at least 10 years;
- Been a person of good moral character during that time;
- Never been convicted of an offense that would make you removable; and,
- Demonstrated that removal would result in exceptional and extreme hardship to his or her immediate family members (limited to the alien’s spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.
What is Cancellation of Removal for Permanent Residents?
This form of discretionary relief is available only to qualifying lawful permanent resident aliens. For lawful permanent residents, cancellation of removal may be granted if you have:
- been a lawful permanent resident for at least 5 years;
- continuously resided in the United States for at least 7 years after having been lawfully admitted; and,
- not been convicted of an “aggravated felony,” a term that is more broadly defined within immigration law than the application of the term “felony” in non-immigration settings.
Our Los Angeles immigration lawyers are experienced in assisting immigrants in removal defense and have successfully helped hundreds of clients close their immigration cases and obtain Green Card from the cancellation of removal process.