Cancellation of removal is a special form of relief that is only available if you are already placed into removal proceedings. It is not something you can apply for unless you are in front of an immigration judge.
To get cancellation of removal, you have to demonstrate the following:
- You were continuously present in the United States for at least 10 years. If you left the country for more than 90 days, they consider that to be a break in your residence, and the clock starts over.
- Your ten year presence stops once you are deported or served with a Notice to Appear in Immigration Court. But, if that notice doesn't include the date and time of your hearing, the time continues until you get a notice that does.
- You have to show that you are a person of good moral character, and have no relevant criminal convictions.
- Most importantly, you have to prove that your deportation would cause exceptional and extremely unusual hardship to your family who are U.S. citizens or green card holders.
ℹ️ The only family that they consider qualifying relatives are spouses, parents, and children who are U.S. citizens or green card holders.
ℹ️ Cancellation of removal is considered an extraordinary remedy, and Immigration Judges will not grant cancellation of removal unless you are able to demonstrate some significant hardships that your family will experience if you are deported.
Some things that Immigration Judges consider are:
- If you have a spouse, parents, or children who have some special medical, emotional, or financial hardships.
- If you have children who do not know any other way of life than in the United States, or do not speak, read or write in the language of your home country.
- If you have a spouse, parent, or children who are entirely dependent upon you for financial and emotional support.
- If your ability to care for your family in the country of deportation would be substantially compromised, and their quality of life would be greatly diminished.
✈️ 🧳 This includes any travel costs to attend your final hearing.
🎥 📞 Most Immigration Courts allow attorneys and clients to appear by WebEx and telephone.