Cancellation of Removal/Deportation is a limited form of relief for certain permanent residents and nonpermanent residents. It is available to certain nonpermanent residents who are in removal proceedings before an immigration judge, if the nonpermanent resident alien has been in the U.S. continuously for at least ten years, is of good moral character, and can establish that his or her removal would subject a lawful permanent resident or U.S. citizen, who is an immediate family member, to exceptional and extremely unusual hardship. Upon review of the evidence, the Immigration Judge may cancel the removal proceedings and grant the alien permanent residence.
Permanent residents convicted of certain crimes and subsequently put into removal proceedings may also be eligible for Cancellation of Removal/Deportation, if they were present continuously in the U.S. as a legal permanent resident for 7 years and were not arrested and convicted of a crime within their first five years of residency.
A nonpermanent resident alien that can establish the following is eligible to apply for cancellation of removal/deportation:
- Demonstrate that the alien has been in the U.S. for at least ten years
- Is of good moral character has not been convicted of specified criminal offenses
- Alien’s removal would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a legal permanent resident or U.S. citizen.
Currently, an alien is only eligible to apply for Cancellation of Removal/Deportation once. Therefore if the cancellation is denied, or if the alien ever loses his residency, the alien cannot reapply at a later date.
The following is a potential list of the types of documents that prove the alien’s time of residency and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident (others may apply as well):
- Evidence that the alien has resided in the U.S. for at least ten years. These may include copies of tax filings.
- Police reports from every jurisdiction the alien has resided in
- School records of alien’s U.S. citizen or legal permanent resident child
- Medical Records or evidence of physical ailments of the immediate relative that would establish “exceptional and extremely unusual” hardship (if applicable)
- Therapy Records or Psychiatrist/Psychology Reports on effects of removal of family member on U.S. citizen or permanent resident (if available)
- Evidence of Property or Assets in the U.S. belonging to the alien
- Investment/Bank Statements of alien
- Evidence of the alien’s home country conditions that may result in exceptional and extremely unusual hardship to the qualifying relative
How we can help you:
At the Law Office of Moona Shakil, an experienced senior attorney would help preparing your Deportation Matter. Our immigration attorney would consult with you to discuss your options. Our mission is to provide prompt, high quality legal services to benefit the lives of our clients. We handle almost all types of immigration visas, and our attorneys understand that communication is a key to success. You need confidence that your lawyer understands your problem and is working with you to achieve results. Call us to find out how we provide superior service to our clients.
Disclaimer: The information provided on this website is for informational purposes only and is not intended to be relied upon as legal advice. The use of the information on this website creates no attorney client relationship between the user and the Law Office of Moona Shakil, PLLC or its attorneys. There is no substitute for a face to face consultation with a lawyer. If you have legal questions, you must contact an experienced attorney immediately.