Three Ways To Apply for Cancellation of Removal in Immigration Court

January 02, 2023

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Just because you’re facing removal from the United States doesn’t mean you can’t stave off deportation. You could be eligible for cancellation of removal. If your application for cancellation of removal in immigration court is successful, the judge may allow you to stay in the country and even apply for a green card if you don’t have one.

Cancellation of Removal for Permanent Residents

As a permanent U.S. resident, you may be able to qualify for cancellation of removal if you:

Have lived in the U.S. continuously for seven years, regardless of your immigration status
Have had a permanent resident status for at least five years
Don’t have aggravated felony convictions
Can show that your removal would cause hardship to you and your family

Note that as a permanent resident in removal proceedings, you may qualify for other forms of relief or defenses as well. Be sure to consult with an immigration attorney to learn about your options.

Cancellation of Removal for Nonpermanent Residents

Qualifying for cancellation of removal in immigration court as a nonpermanent resident is more challenging. You may be eligible if you:

Have lived in the U.S. for a continuous period of at least ten years immediately before applying for cancellation of removal
Have been a person of good moral character during that period
Don’t have convictions for certain criminal offenses, including drug offenses and violent crimes
Can prove that removal would cause “exceptional and extremely unusual hardship” to your spouse, child, or parent who is a U.S. citizen or lawful permanent resident

Keep in mind that “exceptional and extremely unusual hardship” is a very high standard. The hardship can arise from financial, medical, or mental health issues, but it’s not enough to simply show that your family would experience some hardship.

For instance, let’s say that you’re claiming hardship on the grounds of a serious health condition. It’s not enough to show that it would be harder for your family member to undergo medical treatment if they will be returning with you. You must show they won’t be able to access adequate medical care in your country.

Cancellation of Removal for Domestic Violence Victims

You may be eligible for cancellation of removal under the Violence Against Women Act (VAWA) if you:

Suffered extreme cruelty or battery by your spouse, parent, or child who is a U.S. citizen or lawful permanent resident
Lived in the U.S. for at least three years before the removal proceedings began
Have been a person of good moral character for the past three years
Haven’t done anything that would make you inadmissible in the U.S.
Can show that your removal would cause hardship to your or your family

Talk to a Florida Immigration Attorney Today

At American Dream® Law Office, PLLC, we can review your case and advise whether you can apply for cancellation of removal in immigration court. We’re based in Tampa, FL, and serve clients statewide. Call us at (813) 321-3347 to book a strategy session with an experienced immigration attorney.

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