Facing deportation can be one of the scariest and most stressful experiences an immigrant and their family may go through. However, some individuals may qualify for a form of relief known as cancellation of removal. If you are facing removal proceedings in the United States, understanding what cancellation of removal is and what the eligibility requirements are is crucial to protecting your legal rights and options. Continue reading and consult with a knowledgeable Baltimore County, Maryland deportation defense lawyer for skilled representation today.
What is Cancellation of Removal in the U.S.?
Cancellation of removal is a form of immigration relief in the United States designed to prevent the deportation of individuals who are currently undergoing removal proceedings. This legal mechanism is outlined under the Immigration and Nationality Act (INA) § 240A, and provides a way for individuals to:
- Avoid being deported
- Remain lawfully in the United States
- Potentially obtain or keep lawful permanent resident status
The immigration judge overseeing the case maintains the ultimate authority to grant or deny the application based on the specific circumstances. There are two main categories of relief, one for lawful permanent residents and one for non-permanent residents.
If granted, non-permanent residents may be able to adjust their status to lawful permanent resident. Lawful permanent residents may be able to retain their status and avoid deportation. Cancellation of removal is generally considered a form of “defensive” immigration relief because it is typically requested during active removal proceedings in immigration court.
How Can a Non-Permanent Resident Qualify for Cancellation of Removal?
Below are the requirements that non-permanent residents must meet in order to qualify for cancellation of removal.
- The applicant must have maintained continuous physical presence in the United States for a period of at least 10 years immediately before the date that the application is filed, though certain brief periods of absence may be forgiven.
- The applicant must demonstrate that they have conducted themselves in good moral character throughout the 10-year period.
- The applicant must not have any criminal convictions that would cause them to be ineligible, such as aggravated felonies and crimes involving moral turpitude.
- The applicant must prove that being deported would result in “exceptional and extremely unusual hardship” to a qualifying relative who is a U.S. citizen or lawful permanent resident spouse, parent, or child.
Keep in mind that even if all of the above criteria are met, the judge retains final discretion in their decision.
How Can a Green Card Holder Qualify for Cancellation of Removal?
In order for green card holders to qualify for cancellation of removal in the United States, they must meet the following criteria.
- The applicant must have been a lawful permanent resident for at least 5 years.
- The applicant must have resided in the United States continuously for at least 7 years in any legal status after their initial admission.
- The applicant must not have been convicted of any aggravated felony offenses.
Immigration law defines “aggravated felony” differently than many state criminal laws, and offenses classified as misdemeanors under state law may still trigger serious immigration consequences.
Can a Criminal Conviction Affect Cancellation of Removal Eligibility?
The immigration judge will review the individual’s life and circumstances to determine whether or not to cancel the removal proceedings. Criminal history, immigration violations, family ties, and evidence of rehabilitation may all affect the outcome of the case.
If you are facing deportation in the United States, do not hesitate to contact an experienced attorney at Sheri Hoidra Law Office, LLC today.
