Cancellation of removal, formerly known as suspension of deportation, is a form of relief from deportation that allows certain noncitizens to remain in the United States. To be eligible, an individual must have been continuously present in the United States for at least 10 years, have no aggravated felonies or other serious criminal convictions, and demonstrate that their removal would cause exceptional and extremely unusual hardship to their qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
Cancellation of removal is a discretionary form of relief, meaning that the government is not required to grant it even if the applicant meets the eligibility criteria. However, if granted, cancellation of removal allows the individual to remain in the United States permanently and apply for lawful permanent residency.
If you are considering applying for cancellation of removal, it is important to consult with an experienced immigration attorney who can advise you on your eligibility and assist you with the application process. The application process can be complex and time-consuming, so it is important to start the process as early as possible.
1. Continuous presence in the United States for at least 10 years
Continuous presence in the United States for at least 10 years is one of the key requirements for cancellation of removal. In order to be eligible for cancellation of removal, an individual must have been physically present in the United States for at least 10 years, and they must have been present continuously during that time. This means that they cannot have left the United States for any extended period of time, and they cannot have violated any immigration laws during that time.
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Establishing Continuous Presence
To establish continuous presence, an individual must provide evidence of their physical presence in the United States for the entire 10-year period. This evidence can include things like utility bills, bank statements, school records, and employment records. It is important to note that any absences from the United States during this time must be brief and for a valid reason, such as travel for work or family emergencies.
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Unlawful Presence
An individual who has been unlawfully present in the United States for any period of time is not eligible for cancellation of removal. This means that they cannot have overstayed their visa, entered the United States without inspection, or otherwise violated any immigration laws. Even a single day of unlawful presence can make an individual ineligible for cancellation of removal.
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Exceptions to the Continuous Presence Requirement
There are a few exceptions to the continuous presence requirement. For example, an individual may be eligible for cancellation of removal even if they have been absent from the United States for a brief period of time due to military service or other compelling circumstances. It is important to consult with an experienced immigration attorney to determine if you qualify for any of these exceptions.
Continuous presence in the United States for at least 10 years is a complex and important requirement for cancellation of removal. If you are considering applying for cancellation of removal, it is important to speak with an experienced immigration attorney to determine if you meet this requirement and to assist you with the application process.
2. No aggravated felonies or other serious criminal convictions
One of the key requirements for cancellation of removal is that the applicant must not have been convicted of any aggravated felonies or other serious criminal offenses. Aggravated felonies are defined as crimes that are punishable by more than one year in prison, and they include a wide range of offenses, such as murder, drug trafficking, and firearms violations. Other serious criminal offenses include crimes that involve moral turpitude, such as fraud, theft, and domestic violence.
The presence of an aggravated felony or other serious criminal conviction will make an individual ineligible for cancellation of removal. This is because Congress has determined that individuals who have committed serious crimes should not be allowed to remain in the United States. However, there are a few exceptions to this rule. For example, an individual may be eligible for cancellation of removal if they have been rehabilitated since their conviction, or if they have a spouse or child who is a U.S. citizen or lawful permanent resident.
If you are considering applying for cancellation of removal, it is important to consult with an experienced immigration attorney to determine if you have any aggravated felonies or other serious criminal convictions that would make you ineligible for relief. An experienced attorney can also advise you on whether you may qualify for any of the exceptions to this rule.
The requirement that an applicant for cancellation of removal must not have been convicted of any aggravated felonies or other serious criminal offenses is an important part of the application process. This requirement helps to ensure that individuals who have committed serious crimes are not allowed to remain in the United States.
3. Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child
Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child is a key component of cancellation of removal. In order to be eligible for cancellation of removal, an individual must demonstrate that their removal would cause exceptional and extremely unusual hardship to a qualifying relative. This hardship must be beyond the normal hardship that is associated with deportation, and it must be caused by the individual’s removal, not by the relative’s own actions.
There are a number of factors that can be considered when determining whether an individual has demonstrated exceptional and extremely unusual hardship. These factors include:
- The age and health of the qualifying relative
- The length and nature of the relationship between the individual and the qualifying relative
- The individual’s role in the qualifying relative’s life
- The availability of other family members or friends to care for the qualifying relative
- The individual’s financial resources and ability to support the qualifying relative
It is important to note that there is no set formula for determining whether an individual has demonstrated exceptional and extremely unusual hardship. The decision is made on a case-by-case basis, and the adjudicating officer will consider all of the relevant factors in making their decision.
Exceptional and extremely unusual hardship is a difficult standard to meet, but it is not impossible. If you are considering applying for cancellation of removal, it is important to consult with an experienced immigration attorney to determine if you have a strong case for relief.
FAQs about How to Apply for Cancellation of Removal
Cancellation of removal is a form of relief from deportation that allows certain noncitizens to remain in the United States. It is a discretionary form of relief, meaning that the government is not required to grant it even if the applicant meets the eligibility criteria. However, if granted, cancellation of removal allows the individual to remain in the United States permanently and apply for lawful permanent residency.
The process of applying for cancellation of removal can be complex and time-consuming. It is important to start the process as early as possible and to consult with an experienced immigration attorney who can advise you on your eligibility and assist you with the application process.
4. Question 1: What are the eligibility requirements for cancellation of removal?
To be eligible for cancellation of removal, an individual must meet the following requirements:
- Continuous presence in the United States for at least 10 years
- No aggravated felonies or other serious criminal convictions
- Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child
5. Question 2: How do I apply for cancellation of removal?
The first step in applying for cancellation of removal is to file Form I-881, Application for Suspension of Deportation or Cancellation of Removal. This form is available online on the USCIS website. Once you have filed Form I-881, you will be scheduled for an interview with a USCIS officer. At the interview, you will be asked to provide evidence of your eligibility for cancellation of removal. You will also have the opportunity to present your case to the officer. After the interview, the officer will make a decision on your case.
6. Question 3: What are my chances of being granted cancellation of removal?
The chances of being granted cancellation of removal vary depending on the individual circumstances of each case. However, it is important to note that cancellation of removal is a discretionary form of relief, meaning that the government is not required to grant it even if the applicant meets the eligibility criteria.
7. Question 4: What are the benefits of being granted cancellation of removal?
If you are granted cancellation of removal, you will be allowed to remain in the United States permanently. You will also be eligible to apply for lawful permanent residency. In addition, you will be able to work and travel freely within the United States.
8. Question 5: What are the risks of applying for cancellation of removal?
There are some risks associated with applying for cancellation of removal. For example, if you are denied cancellation of removal, you may be placed in removal proceedings. In addition, the government may use the information you provide on your application to deny you other forms of immigration relief in the future.
9. Question 6: Should I hire an attorney to help me apply for cancellation of removal?
Yes, it is advisable to hire an experienced immigration attorney to help you apply for cancellation of removal. An attorney can help you to determine if you are eligible for cancellation of removal, and they can assist you with the application process.
Summary: Cancellation of removal is a complex and time-consuming process, but it can be a life-changing benefit for those who are eligible. If you are considering applying for cancellation of removal, it is important to start the process as early as possible and to consult with an experienced immigration attorney.
Next steps: If you are interested in learning more about cancellation of removal, you can visit the USCIS website or consult with an experienced immigration attorney.
Tips for Applying for Cancellation of Removal
Cancellation of removal is a form of relief from deportation that allows certain noncitizens to remain in the United States. It is a discretionary form of relief, meaning that the government is not required to grant it even if the applicant meets the eligibility criteria. However, if granted, cancellation of removal allows the individual to remain in the United States permanently and apply for lawful permanent residency.
The process of applying for cancellation of removal can be complex and time-consuming. It is important to start the process as early as possible and to consult with an experienced immigration attorney who can advise you on your eligibility and assist you with the application process.
Tip 1: Gather evidence to support your eligibility
To be eligible for cancellation of removal, you must meet certain requirements, including continuous presence in the United States for at least 10 years, no aggravated felonies or other serious criminal convictions, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. It is important to gather evidence to support your eligibility for each of these requirements.Tip 2: File your application early
The cancellation of removal process can take a long time. It is important to file your application as early as possible to give yourself the best chance of being granted relief.Tip 3: Be prepared for your interview
Once you have filed your application, you will be scheduled for an interview with a USCIS officer. At the interview, you will be asked to provide evidence of your eligibility for cancellation of removal. You will also have the opportunity to present your case to the officer. It is important to be prepared for your interview and to bring all of the necessary evidence with you.Tip 4: Be honest and forthright
It is important to be honest and forthright on your cancellation of removal application. Any misrepresentations or omissions can jeopardize your chances of being granted relief.Tip 5: Consider hiring an attorney
The cancellation of removal process can be complex and challenging. It is advisable to hire an experienced immigration attorney to help you with your application. An attorney can help you to determine if you are eligible for cancellation of removal, and they can assist you with the application process.
Summary: Cancellation of removal is a complex and time-consuming process, but it can be a life-changing benefit for those who are eligible. If you are considering applying for cancellation of removal, it is important to start the process as early as possible and to consult with an experienced immigration attorney.
Next steps: If you are interested in learning more about cancellation of removal, you can visit the USCIS website or consult with an experienced immigration attorney.
Closing Remarks on Cancellation of Removal
Cancellation of removal is a complex and challenging process, but it can be a life-changing benefit for those who are eligible. If you are considering applying for cancellation of removal, it is important to start the process as early as possible and to consult with an experienced immigration attorney. An attorney can help you to determine if you are eligible for cancellation of removal and can assist you with the application process.
The key to a successful cancellation of removal application is to demonstrate that you meet the eligibility criteria and that you have exceptional and extremely unusual hardship that would result from your removal. It is also important to be honest and forthright on your application and to be prepared for your interview. By following these tips, you can increase your chances of being granted cancellation of removal.
Cancellation of removal is a discretionary form of relief, meaning that the government is not required to grant it even if you meet the eligibility criteria. However, if you are granted cancellation of removal, you will be allowed to remain in the United States permanently and apply for lawful permanent residency.
