Cancellation of Removal is a relief granted from removal and deportation that can be granted to Non-Legal Permanent Residents or to Lawful Permanent Residents. Cancellation of Removal is a one-time form of relief, meaning that once it is granted to an individual, it may never again be granted. If granted Cancellation of Removal, the application will receive their Lawful Permanent Residence.
In order for an individual to qualify for Cancellation of Removal for Non-Legal Permanent Residents, they must:
- Have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of their application;
- Have been a person of good moral character during those 10 years;
- Do not have convictions of certain crimes;
- Must show that removal would result in exceptional and extremely unusual hardship to a spouse, parent, or child who is a U.S. citizen or LPR.
Additionally, if they have been battered or subjected to extreme cruelty in the United States by their United States citizen or lawful permanent resident spouse or parent, or are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
- Prior to the service of the Notice to Appear, they have maintained continuous physical presence in the United States for three (3) years or more;
- Have been a person of good moral character as defined in section 101(f) of the INA during such period;
- Are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA;
- Are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA;
- Have not been convicted of an aggravated felony as defined under the INA; and
- Their removal would result in extreme hardship to them or their child who is the child of a United States citizen or lawful permanent resident;
- They are a child whose removal would result in extreme hardship to them or their parent; and
- They are deserving of a favorable exercise of discretion on their application.
In order for an individual to qualify for Cancellation of Removal for Non-Legal Permanent Residents, they must:
- Have been a permanent resident for at least five (5) years;
- Have at least (7) years continuous residence in the United States after having been lawfully admitted in any status prior to:
- a. Service of the Notice to Appear;
- Committing a criminal or Related Offense referred to in sections 212(a)(2) and 237(a)(2), or
- Prior to committing a security or related offense referred to in section 237(a)(4) of the INA;
- You have not been convicted of an aggravated felony
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