What is Cancellation of Removal?
Cancellation of removal is an immigration benefit that may be granted to those who qualify. This benefit, if granted, gives a person the status of a lawful permanent resident in the United States of America. This immigration benefit may only be granted by an immigration judge.
Before a person has an opportunity of applying for this benefit, a person must appear before an immigration judge, who will determine if such person qualifies for this benefit.
As a general rule, people who appear before an immigration judge are those, who were placed in removal proceedings, formerly known as deportation proceedings. There are many reasons why people are placed in removal proceedings. Among the most common reasons are: remaining in the United States beyond the period authorized by the U.S. immigration authorities, violating the terms of admission into the United States, commission of a crime involving moral turpitude or a felony, and entering the United States without having been properly inspected and admitted by an immigration officer.
Before any person may apply for cancellation of removal, the immigration judge must first determine if such person is removable, i.e. if he or she is subject to deportation from the United States. Once the immigration judge determines that the person is in fact subject to deportation, such person may apply for cancellation of removal if he or she qualifies for this benefit.
There are three types of cancellation of removal. First type is Cancellation of Removal for Lawful Permanent Residents; second type is Cancellation of Removal for certain Non-Lawful Permanent Residents; and the third type involves VAWA (Violence Against Women Act) or Special Rule Cancellation of Removal.
Qualification for Permanent Residents
To qualify for Cancellation of Removal for Certain Permanent Residents, you must:
(1) have been a lawful permanent resident for at least the last 5 years;
(2) have lived continuously in the U.S. for at least 7 years after having been legally admitted, and without having committed certain crimes;
(3) not have been convicted of an aggravated felony at any time;
(4) not be found by the judge to be a spy, terrorist, threat to national security, persecutor, torturer, to have committed genocide or extrajudicial killing, or severe violations of religious freedom; and
(5) not have been granted “Cancellation,” or certain other waivers in immigration proceedings before.
Qualification for Non-Permanent Residents
To qualify for Cancellation of Removal for Certain Non-Permanent Residents, you must:
(1) You have lived in the U.S. for at least 10 years in a row;
(2) You have been a person of “good moral character” for at least those 10 years;
(3) You have not been convicted of certain types of crimes (explained below);
(4) Your removal from the U.S. would be exceptionally and extremely unusually hard on your U.S. citizen or lawful permanent resident husband, wife, parent, or unmarried child/children under age 21;
(5) The sympathetic points in your case outweigh the bad points in your case; and
(6) You have not had a previous immigration case and won “Cancellation,” a “Section 212(c) waiver,” or “Suspension of Deportation.”
Qualification under VAWA
To qualify for Cancellation of Removal under VAWA or Special Rule Cancellation of Removal you must show:
(1) You or your child (the “child” may be an adult) are the victim of domestic violence by a U.S. citizen or lawful permanent resident spouse or parent. The spouse or parent need not still be a U.S. citizen or lawful permanent resident at the time that you apply for 3 Year Cancellation, nor do you still have to be married to the abuser to apply. Being a victim of domestic violence means that
(i) you have been abused physically or psychologically by your U.S. citizen or lawful permanent resident spouse or parent either inside or outside the U.S; or
(ii) The other parent of your child is a U.S. citizen or lawful permanent resident who has abused your child physically or psychologically whether inside or outside the U.S.; and
(2) You or your child resided in the U.S. with the abusive spouse or parent; and
(3) You have maintained continuous physical presence in the U.S. for at least 3 years immediately preceding the filing of the Cancellation application; and
(4) You were a person of “good moral character” during those 3 years; and
(5) You have not committed certain types of crimes or immigration offenses; AND
(6) You or your child would suffer extreme hardship if removed from the United States. In other
(i) You are a parent whose removal would result in extreme hardship to you or your child; or
(ii) You are a child whose removal would result in extreme hardship to yourself or your parent.
Contact an Experienced NJ and NY Immigration Attorney
The process of applying for cancellation of removal can be very complex and requires guidance of an experiencedNew York | New Jersey Immigration Attorney. Our immigration attorneys with offices in New York and New Jersey possess the necessary skills to defend your or your loved ones against deportation or removal from the United States. Call us today at (732) 596-1235 for an in-person consultation. We are ready to answer any and all of your questions. Our office is conveniently located in Woodbridge, New Jersey, next to the Woodbridge Train Station and in Brooklyn, New York, next to the Sheepshead Bay Subway station.