Cancellation of removal

Cancellation of Removal is a discretionary remedy granted to certain lawful permanent residents or individuals without legal status who have been placed in removal proceedings before an Immigration Judge. With cancellation of removal, a lawful permanent resident in removal proceedings may be allowed to remain in the United States. For individuals without legal status, this may provide a pathway to legalize their status and obtain permanent residency.

Like asylum, cancellation of removal is a defense that can be used to prevent the removal of a foreign national to their home country. However, cancellation of removal can only be granted by an Immigration Judge, unlike asylum and other available remedies.

Despite being called permanent residents, the reality is that permanent residency is subject to certain conditions and could be revoked. Immigration law establishes specific conditions under which a permanent resident may be placed in removal proceedings and deported from the country.

As mentioned earlier, cancellation of removal is a defense in removal proceedings conducted in immigration court. In the case of a permanent resident, they are generally not placed in removal proceedings unless they have been convicted of certain crimes.

To be eligible to request this defense, a permanent resident must demonstrate that:

• They have been a permanent resident for the past five years.
• They have continuously lived in the United States legally for the past 7 years.
• They have not been convicted of an aggravated felony under immigration law.
• They have not been granted the defense previously.
• The Judge approves it at their discretion.

Cancellation of Removal for Non-Permanent Residents is a defense in removal proceedings initiated against a person without legal status within the United States. Not every person in removal proceedings qualifies to request cancellation of removal. There are important criteria to meet when applying.

The requirements to be eligible to request cancellation of removal are:

• Having continuously lived in the United States for 10 years prior to being placed in removal proceedings.
• Demonstrating that removal will cause extreme and unusual hardship to your qualifying relatives who are U.S. citizens or legal residents.
• Demonstrating good moral character.
• Not having been convicted of certain crimes as specified in immigration law.

If you manage to meet these requirements, the Immigration Judge may, at their discretion, approve your cancellation of removal, and eventually, you may qualify for legal permanent residency.

Under the Violence Against Women Act (VAWA), a third option for removal cancellation was created. Despite being a law against violence against women, VAWA also applies in favor of men.

Who qualifies for removal under VAWA?

• Individuals who are the abused spouse of a U.S. citizen or lawful permanent resident.
• Minors who have been or are being abused by a U.S. citizen or lawful permanent resident parent.
• The non-abusive parent of a child who was a victim of domestic violence or extreme cruelty by the abusive parent, who is also a U.S. citizen or lawful permanent resident.

In addition, they must demonstrate that:

• They have been in the United States for a period of at least 3 years at the time of filing the application.
• They are persons of good moral character.
• They have not committed a crime listed in immigration law.
• Their removal or deportation would cause extreme hardship to their U.S. citizen or lawful permanent resident relatives.
  

Cancellation of removal is a discretionary remedy by the Judge. This means that even if the requirements are met, it is possible for the case to be denied. That's why it's important to have experienced legal representation and as much evidence as possible. Much of the strategy involves convincing the Judge and trying to distinguish your case from ordinary removal or deportation cases.