Whether you are eligible for cancellation of removal in the United States depends on several factors, including your current immigration status, how long you have been in the country, whether you have any criminal convictions and other discretionary factors.
Cancellation of removal is a form of relief from deportation that is available to certain non-permanent residents who are in removal proceedings. To be eligible, you typically must meet the following criteria:
Continuous Physical Presence: You must have been physically present in the United States for a continuous period of at least 10 years before the date the cancellation application is filed.
Good Moral Character: You must demonstrate good moral character during the last 10 years. This means avoiding serious criminal convictions, among other things.
No Aggravated Felony Convictions: You cannot have been convicted of certain serious crimes, known as aggravated felonies, as defined by immigration law.
Exceptional and Extremely Unusual Hardship: You must demonstrate that your removal from the United States would result in exceptional and extremely unusual hardship to your qualifying relatives, who are typically U.S. citizens or lawful permanent resident spouses, parents, or children.
Positive Discretion: Even if you meet all of the above criteria, the immigration judge still has the discretion to grant or deny cancellation or removal based on the totality of the circumstances.
It’s important to note that cancellation of removal is a discretionary form of relief, meaning that even if you meet all of the eligibility criteria, the immigration judge still has the discretion to grant or deny your application. It’s also highly recommended to consult with an experienced immigration attorney who can evaluate your specific situation and advise you on your options.
