A cancellation of removal is one way for people who are not permanent residents to stay in the United States. Individuals can apply for the cancellation process during removal proceedings if requested in front of an Immigration Judge. If the application is granted, the individual then becomes a lawful permanent resident and can stay in the US. In other words, if you can get your removal order canceled, you no longer have to leave the country.
But perhaps more importantly, a cancellation of removal provides an opportunity for individuals who entered the country without inspection or who crossed the border illegally to get a green card. But the requirements to meet the hardship requirement can be pretty challenging. And if your application is denied, you could be at risk of being deported. If you have received a removal order and think you may meet the requirements for a cancellation of removal, it’s important to find a trusted immigration lawyer that can guide you through the process.
Laird Law is a leading law firm in New Jersey and New York immigration law. In addition, our team is proud to be fluent in several languages, so you can be assured that you stay informed and in control of your deportation case.
Am I Eligible for Cancellation of Removal?
To be eligible for a cancellation of removal, you must meet the following criteria:
1. You must have lived in the United States for at least 10 years continuously.
To apply for a cancellation of removal, you must have lived continuously in the US for at least ten years before the US government officially started your removal proceedings. But if you left the country for longer than a brief period or committed any criminal offenses, the ten-year clock starts over.
2. To be granted a cancellation of removal, you must have no past criminal convictions.
To be granted a cancellation of removal, you cannot have any disqualifying criminal convictions associated with drug offenses, aggravated felonies, or crimes involving moral turpitude. An experienced immigration attorney can help you determine if you have disqualifying convictions.
3. Cancellation of removal requires proof of “good moral character” for 10 years.
Cancellation of removal requires you to show proof that you have exhibited “good moral character” for the past ten years. What is good moral character? Good moral character can be demonstrated in several ways, like employment history, lack of a criminal record, tax history, family support, and community connections. According to the USCIS, “good moral character” is defined as the standard of the average citizen in your community.
Being a drunk, gambling illegally, or serving prison time longer than 180 days can show that an individual does not have good moral character. Additionally, causing harm to others through genocide, torture, or aggravated felony will disqualify an individual from being eligible for a cancellation of removal.
4. You must show proof that your dependents will suffer in your absence.
To be granted a cancellation of removal, you must show that your close relative– such as a spouse, child, or parents– will face “exceptional and extremely unusual” adversity as a result of your deportation.
What is “exceptional and extremely unusual hardship”? Keep in mind, not just any old hardship will do. Focus on the suffering that your relative, not you, will have to experience if you are deported. Consider financial obligations, health complications, and safety and education implications that will be negatively affected in your absence.
Hardship can be hard to prove in cases of domestic violence. It can also be risky to apply for when you don’t have enough evidence of eligibility. But if you think you can prove that your family member would be negatively impacted by your deportation, you may have a chance at being granted a cancellation of removal.
Apply for Cancellation of Removal with Laird Law
When applying for cancellation of removal, there are some important things to remember. You’ll need to file an application with the immigration court and pay the filing fee of $100, plus a fingerprinting and data fee of $85. The paperwork on these removal cases can be overwhelming. And, a cancellation of removal is not easy to obtain on your own. The right legal expertise is crucial! Fortunately, the experienced immigration attorneys at Laird Law are passionate about immigration reform with a track record of successful outcomes.
We understand that navigating the complex world of immigration law can be intimidating. So, we’ll walk you through the critical steps involved, from securing expert representation in court to filing your application with evidence. We can also work with you to find alternative pathways to permanent residency, such as asylum, voluntary departure, or protection from abuse. We’re available to provide expert advice and keep you informed every step of the way, so give us a call today!
