Cancellation of removal is a form of relief available to some immigrants facing removal proceedings. It allows immigrants who meet certain requirements to remain in the United States.
It is important to understand the requirements and process for cancellation of removal to protect your status in the country.
Eligibility requirements
Cancellation of removal requires applicants to meet strict eligibility requirements. Those with permanent lawful resident status must prove their physical presence in the U.S. for the last 7 years, while undocumented immigrants requesting cancellation of removal must show 10 years of physical presence in the country.
In addition, applicants must prove good moral character, a clean criminal history and evidence that removal would create a significant hardship to a U.S. citizen or lawful permanent resident, such as a spouse, parent or child.
The application
When you receive a notice of removal proceedings, you must submit an application for cancellation of removal. Include your supporting documentation with the application to prove that you meet the criteria for eligibility.
A judge reviews the application and the information provided and you might need to attend a hearing. Afterward, you receive the judge’s determination. If awarded a cancellation of removal, you can stay in the country and work toward citizenship.
Cancellation of removal provides relief to some immigrants facing deportation from the United States, but approval is not a guarantee. Expedited removals accounted for 41% of U.S. deportations in 2020. Understanding the foundation of the cancellation of removal process can help you fight for the right to remain in the country.
