What to Know About Requirements for Cancellation of Removal

If you're an immigrant facing deportation, know that there is a possibility your removal can be canceled. Depending on your circumstances, you may be eligible for cancellation of removal, which can adjust your status to being lawfully admitted. 

While speaking with an experienced immigration attorney is in your best interests if you're facing deportation, here is a general overview of some of the factors an individual must satisfy to qualify for cancellation of removal.

Requirements Can Differ Between Permanent and Non-Permanent Residents

Non-Permanent Residents Must Prove:

They Have Been in the United States for 10 Years

Non-permanent residents must demonstrate continuous physical presence in the United States for at least ten years to meet the requirements for cancellation of removal. This continuous period excludes any substantial time spent outside the country.

Their physical presence can be proven through employment records, school attendance, or affidavits from family members. The immigration judge will assess the evidence to ensure the applicant has been physically present without major interruptions.

They Are Not Convicted of Certain Criminal Offenses

A criminal record free of specific disqualifying offenses is vital when seeking cancellation or removal. Certain crimes, including those involving moral turpitude, controlled substances, or domestic violence, can lead to disqualification.

Criminal convictions carry serious immigration consequences, and the immigration court will carefully evaluate whether the applicant's criminal history includes offenses that violate immigration laws. Seeking legal counsel can help clarify how past convictions or charges impact your eligibility.

They Have A Good Moral Character

Establishing good moral character is essential for anyone seeking cancellation of removal. Good moral character involves demonstrating honesty, integrity, and a lack of serious legal or moral transgressions during the required period. 

The immigration judge may consider evidence such as letters from employers, religious leaders, or family members that attest to the applicant’s character. Past immigration violations, fraud, or other negative behaviors could undermine this element of the case. As such, maintaining a positive reputation and avoiding any criminal offenses are crucial to proving good moral character.

Their Removal Would Bring Exceptionally Unusual Hardship to a Family Member in the United States

Non-permanent residents must also prove that their removal would cause exceptional and extremely unusual hardship to qualifying relatives, such as a U.S. citizen or a family member who is a lawful permanent resident. Proving extreme hardship may be a decisive factor in receiving a favorable exercise of discretion from the immigration judge.

However, this involves more than the typical hardship that occurs when families are separated by deportation. For example, applicants may need to present medical records showing a family member’s reliance on them for care or financial documents that demonstrate economic dependency. The immigration court will evaluate whether the hardship faced by close family members exceeds ordinary family ties disrupted by the removal process. 

Permanent Residents Must Prove:

They Have Been a Lawful Permanent Resident for 5 Years

Lawful permanent residents applying for cancellation of removal must meet several eligibility requirements, including maintaining legal permanent residency for at least five years. This continuous period of residence establishes their long-term ties to the United States. 

Immigration courts may review official documents, such as green cards and tax filings, to verify that the applicant has been a lawful permanent resident for the required time without significant gaps in their physical presence. Meeting this requirement helps prove an individual's commitment to permanent residence within the U.S.

They Are Not Guilty of an Aggravated Felony

One of the key eligibility requirements for lawful permanent residents seeking removal cancellation is a clean record regarding aggravated felonies. Under immigration laws, aggravated felonies include crimes such as sexual abuse, domestic violence, and trafficking of a controlled substance. 

A criminal conviction for any of these offenses disqualifies an applicant from cancellation of removal. Immigration attorneys can help review an applicant’s criminal history to determine whether any criminal offenses meet the legal definition of aggravated felonies. Avoiding such convictions is vital to maintaining eligibility for relief.

For Exceptional Immigration Law Services, Call LaGrone Law Today

At LaGrone Law, our Atlanta immigration law firm works diligently to keep families together and to provide them with legal representation they can trust. We offer both immigration and criminal defense services to help clients fight for their rights and ensure they're treated equally within our criminal justice system.