Cancellation of Removal for Non-Permanent Residents

If you are a Non-Permanent Resident and have been placed in removal proceedings before an Immigration Judge, Cancellation of Removal may be a defense in order to avoid deportation and obtain permanent resident status and eventually citizenship.

What are the requirements to file for a Cancellation of Removal?

To qualify for Cancellation of Removal you must be in removal proceedings and need to provide evidence of the following:

  • That you have a U.S. Citizen or Lawful Permanent Resident spouse, child or parent.
  • That you have been continuously present in the United States for at least 10 years.
  • That you had good moral character during the 10-year period.
  • That you have no convictions that would make you inadmissible or deportable, such as an aggravated felony.
  • That your U.S. Citizen or Lawful Permanent Resident spouse, child or parent would suffer “exceptional and extremely unusual hardship” due to your deportation.

What is “exceptional and extremely unusual hardship”?

It is the hardship that you would need to show the Immigration Judge in order for him or her to grant this discretionary remedy. Basically, you must show that your deportation would cause your child, spouse or parent to suffer a substantially worse hardship than the hardship generally expected from a deportation under normal circumstances. Examples include serious and ongoing medical, physical and psychological problems. Economic hardship alone would not qualify under this restrictive standard.

What if I have been subject to battery or extreme cruelty by my U.S. Citizen or Lawful Permanent Resident spouse or parent and I’m currently in removal proceedings?

In this case, you would be eligible for the Special Rule (VAWA) Cancellation. Similar to the regular Cancellation of Removal, you will be able to defend yourself against deportation but only need to show evidence of extreme hardship. The requirements for this Special Rule are:

  • That you have been battered or subject to extreme cruelty by a U.S. Citizen or Lawful Permanent Resident spouse or parent, or you are the parent of a child of a U.S. Citizen or Lawful Permanent parent who was battered or subject to extreme cruelty.
  • That you have been continuously physically present in the United States for at least 3 years from the date of the application for cancellation of removal.
  • That you had good moral character during the 3-year period.
  • That you have no convictions that would make you inadmissible or deportable, such as an aggravated felony.
  • That your removal would result in extreme hardship to you, your child or your parent.

Is it true that I can receive a green card through Cancellation of Removal and/or the Special Rule Cancellation?

Yes. Cancellation of Removal is not just a defense against deportation. If granted by an Immigration Judge, you will be eligible to receive a green card and become a Lawful Permanent Resident.

Can my family also benefit?

Yes. Once you receive your green card and become a Lawful Permanent Resident, you can petition for qualifying family members.

What court fees are required?

There is a fee of $185.00.

How can we start the application process?

You can call us at (770) 401-7646, or fill out our online form to set up an appointment with one of our experienced attorneys.

What supporting documents need to be included?

Once you come in for a free initial confidential consultation, our office will provide you with a complete checklist which will be made part of your case file.