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Cancellation of Removal: Non-permanent residents and Legal permanent residents

Cancellation of Removal: Non-permanent residents and Legal permanent residents

Cancellation of Removal is an immigration relief available to certain non-permanent residents and legal permanent residents that are removable or have been placed in deportation proceedings before an immigration judge. It is available to non-resident who has been in the United States for at least ten years, have an immediate relative that would suffer extreme hardship if they were to be deported, and have had good moral character during that period.

Cancellation of removal is available to a non-permanent resident if they meet the following conditions:

  1. The non-permanent resident has been physically present in the United States for a continuous period of not less than ten (10) years immediately preceding the date of such application;
    • Examples of evidence used to prove physical presence.[1]
      • Rent Receipts
      • School records
      • Medical or dental records
      • Social Security records
      • Payroll records and income tax records
      • Utility bills
      • Children’s birth certificates
      • Marriage certificate
  1. The non-permanent resident has been a person of good moral character during such period;
    • Examples of evidence used to prove physical presence[2]
      • Letters from family members, co-workers, neighbors, or religious leaders
      • Photographs of you and your family
      • Tax records
      • You must show the judge that you have not been convicted of certain crimes and have not been found to be a habitual drunkard, gambler, or prostitute
  1. The non-permanent resident has not been convicted of certain offenses and/or
  2. The non-permanent resident establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
    • Examples of evidence used to prove extreme and unusual hardship[3]
      • Proof of child support payments
      • Letters from your family
      • Bills of family expenses
      • Proof of Doctor’s letter
      • Copies of medical Records
      • Copies of prescriptions
      • Letter from social worker
      • Copies of treatment records
      • Evidence that your children are attending school.
      • Evidence of your children’s performance in school, such as report cards.
      • Evidence that your children have friends and other close ties to the United States.
      • Evidence of your children’s activities outside of school (like sports or lessons).
      • Letters from teachers, counselors or school principals.

Cancellation of Removal is a discretionary form of relief; the judge ultimately decides if they will grant or deny the relief. Cancellation of removal is a relief that is extremely hard to obtain and may require the use of experts to support your case. It is important that the individual that is before the judge provides a substantial amount of evidence that proves that they meet the basic requirements and that they are worthy of obtaining a cancellation of removal.

If your cancellation of removal is denied you will be ordered removed or deported. If it is granted the judge will cancel the removal proceeding and will grant the individual legal permanent residence.

Legal Permanent Resident Convicted of Crimes

If a legal permanent resident has been convicted of certain crimes and has been put in removal proceedings they may be eligible for a cancellation of removal once you prove to the immigration judge that you meet the basic eligibility requirements.   The legal permanent resident must prove that:

  1. They have been continuously present in the United States as a legal permanent resident for at least seven (7) years,
  2. They were not convicted of a crime within the first five years as a legal permanent resident and
  3. They have not been convicted of an aggravated felony
  4. They have not received a cancellation of removal or 212 (c) relief in the past

In addition to the above stated requirements will need to submit substantial evidence that you meet the requirements and must prove to the immigration judge that you deserve the cancellation of removal despite having been convicted of a crime.

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