Cancellation of removal is a discretionary form of relief that may be granted to either lawful permanent residents or certain non-permanent residents who face removal from the United States in immigration court proceedings. This form of relief has been instituted to ameliorate the harsh consequences of removal for those aliens who have been present in the United States for long periods of time, have significant ties to their communities and have either lawful permanent resident or US-citizen family members that would face extreme hardship upon removal of the alien.
In general, with a few specific exceptions, the minimum statutory requirements for qualification are as follows:
For lawful permanent residents facing removal:
- Must be a lawful permanent resident for at least 5 years
- Must have resided in the U.S. continuously for 7 years
- Must not have been convicted of an aggravated felony
For certain residents facing removal:
- Must have been physically present in the U.S. for not less that 10 years
- Must have been a person of good moral character for 10 years
- Must establish that removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child, who is a U.S. citizen or lawful permanent resident
The immigration judge will weigh all evidence and testimony in this type of case, such as, but not limited to, family ties in the U.S., residency of long duration in the U.S., history of employment, criminal record and age at the time of entry into the U.S.
For more information, please contact us by e-mail or call (952) 854-3313 for a free phone consultation.