The cancellation of removal process

On Behalf of | Oct 21, 2023 | Immigration |

The possibility of deportation can be daunting for immigrants living in the U.S. However, legal avenues allow some individuals to seek cancellation of removal so they can remain in the country.

Explore the process and criteria for cancellation of removal if you or a loved one have concerns about deportation.

Eligibility criteria for cancellation

You may qualify for cancellation of removal if you:

  • Have lived continuously in the U.S. for at least seven years as a lawful permanent resident and at least 10 years as a non-permanent resident
  • Are free of aggravated felony or other criminal convictions
  • Have strong family ties to a child, spouse or parent in the U.S.

Your application must demonstrate that you have a positive history with no record of immigration violations.

The process of cancellation

Immigrants in removal proceedings can submit a formal application for cancellation of removal to the immigration judge. You must include evidence and documentation supporting their eligibility.

Upon receipt of your application, the court will schedule a hearing where you can present your case for cancellation. You may provide testimony and other evidence illustrating that removal would cause exceptional and unusual hardship to qualifying family members.

The immigration judge will review the case and render a decision. In approval, the court will terminate removal processes, and you can remain in the U.S. If the judge denies your application, you will be subject to deportation.

Federal law limits cancellation to a maximum of 4,000 individuals each year. To improve your chances of approval, you must convince the judge of the unusual impact deportation would have on your remaining loved ones.