Cancellation of Removal

Cancellation of Removal is a form of relief which is available to certain persons who have been placed in immigration court proceedings.  There are two types of Cancellation of Removal—Cancellation of Removal for Certain Nonpermanent Residents (for persons who are undocumented) and Cancellation of Removal for Certain Permanent Residents (for persons who have their green cards).  A person who receives the first type of Cancellation will receive his green card and his deportation will be cancelled.  A person who receives the second type will be allowed to keep his green card and his deportation will be cancelled.

In order to qualify for Cancellation of Removal for Certain Nonpermanent Residents (for persons who are undocumented), you must meet certain requirements.  First, you must prove that you have resided in the U.S. for 10 years immediately preceding your application.

Second, you must show that you have been a person of good moral character during that period and that you have not been convicted of certain disqualifying crimes.  Finally, you must prove that your deportation would result in exceptional and extremely unusual hardship to certain qualifying relatives.  These relatives include spouses, children, or parents who are citizens or Lawful Permanent Residents of the United States.

The eligibility requirements for Cancellation of Removal for Certain Permanent Residents (for persons who have their green cards) are different.  To begin with, you must prove that you have had your green card for at least 5 years.  Second, you must show that you have resided continuously in the United States for at least 7 years.  Finally, you have to demonstrate that you have not been convicted of an “aggravated felony.”  The term “aggravated felony” in immigration law includes such crimes as murder, trafficking in a controlled substance, and crimes of violence.

If you have been placed in immigration court and believe that you may be eligible for Cancellation of Removal, you need an experienced attorney to represent you in immigration court.  Please schedule a consultation with John L. Wheaton, Attorney at Law by calling 206-829-8214.