Cancellation of removal is a discretionary form of relief from removal or deportation proceedings, reviewed and granted by Immigration Judges. This type of relief is available to both green card holders and non-residents who meet specific eligibility criteria.
As a non-resident, you may be eligible for cancellation removal if you are able to prove the following:
Continuous Physical Presence: The person must have lived in the United States continuously for at least 10 years before removal procedures began.
Good Moral Character: During the 10-year time, the applicant must show that they have had good moral character by not getting certain convictions, following the law, and showing good conduct in their community.
No Aggravated Felonies: The person must not have been guilty of an aggravated felony, because that means they are ineligible for cancellation of removal.
Unusual and Extreme Hardship: Non-resident applicants must show that being sent back to their home country would cause their legal permanent resident or U.S. citizen spouse, parent, or child outstanding and unusual suffering without them.
It is important to keep in mind that non-permanent residents do not automatically have the right to have their deportation proceedings canceled. Not everyone in deportation proceedings will be able to obtain cancellation of removal. Even if the applicant meets all of the above requirements, the choice to grant the cancellation of removal is still up to the person making the decision, usually the Immigration Judge.
When deciding whether to give relief, the immigration judge will look at several factors, such as family ties in the United States, community involvement, and other fairness. These types of certain conditions may apply based on the case and the person’s immigration background – every case is different, so it is important to make the best case for your conditions. If you are facing deportation and need a deportation defense plan, talk to the J. Molina Law Firm to get the best deportation defense plan.
