Cancellation of Removal
Foreign nationals who are subject to removal (deportation) from the United States may apply for Cancellation of Removal under section 204A of the Immigration and Nationality Act (INA). This unique form of relief is available to both lawful permanent residents and non-permanent residents of the U.S., although the requirements and limitations of each application process differ.
Cancellation of Removal for Green Card Holders
In order for a legal permanent resident to be eligible for cancellation of removal, they must file Form EOIR-42A to show they meet the following minimal requirements:
- Have been lawfully admitted for permanent residence in the United States for five or more years at the time the application is filed
- Have resided in the U.S. for at least 7 years after admission in any status, before receiving the Notice to Appear (NTA) at the removal proceeding
- Have not been convicted of an aggravated felony
Once an immigration judge (IJ) has determined that the applicant is eligible to file for cancellation of removal, he or she will weigh the positive and negative factors of granting you cancellation. In terms of positive factors, an applicant under this category must demonstrate that he/she has:
- close family in the U.S. who would suffer hardship if the applicant was deported (although this is not a requirement); or otherwise has family ties in the U.S.
- a history of long-term residency in the U.S.
- solid employment history and history of tax-paying
- been rehabilitated and has good moral character
- business or property ties in the U.S.
Other positive factors may include the applicant’s age or health status (particularly if they have a health condition that cannot be adequately treated in their country of origin). After weighing all relevant factors, the IJ will decide whether to grant or deny the request for cancellation of removal.
Cancellation of Removal for Non-Permanent Residents
Aliens who would otherwise be subject to deportation may be eligible for cancellation or removal and adjust of status to a lawful permanent resident. The individual must file Form EOIR-42B. The basic requirements for non-permanent residents are similar to green card holders, except that the individual must have been physically present in the U.S. for 10 years and must prove that their deportation would cause extreme hardship for his or her U.S. citizen or lawful resident family members. However, an alien can also qualify if he/she has maintained physical presence in the country for at least 3 years and has been or has a child who has been subject to abuse and cruelty by a U.S. citizen/lawful resident spouse or parent, among other similar requirements to that of green card holders.
Lawyer for Cancellation of Removal
Of course, this is a simplified version of what can be a very complicated process. If one’s application is denied by an immigration judge, the individual can typically appeal through the Board of Immigration Appeals. When it comes to deportation proceedings, we know how overwhelming and scary the process can be. After all, the outcome will greatly affect you and your family’s life. It’s incredibly helpful to have an immigration attorney by your side to be your advocate and a reliable source of information. The lawyers at Salmon-Haas are here to answer your questions and make sure your application process goes as smoothly as possible. We truly care about our clients and their families. See how we can help by calling us today for a free, confidential consultation.