Define: Cancellation Of Removal

Cancellation of removal is a form of relief from deportation that allows certain non-permanent residents to apply for lawful permanent resident status if they meet specific eligibility criteria.

To be eligible for cancellation of removal, you must have been physically present in the United States for a continuous period of at least 10 years, have good moral character, demonstrate that your removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child, and not have been convicted of certain crimes.

Cancellation of removal may be granted to individuals with certain criminal convictions, but there are specific crimes that make a person ineligible. Crimes involving moral turpitude, drug offenses, and aggravated felonies generally make an individual ineligible for cancellation of removal.

Yes, cancellation of removal can be granted to individuals who entered the U.S. illegally, as long as they meet the eligibility requirements and can demonstrate the exceptional and extremely unusual hardship to a qualifying relative.

The cancellation of removal process can vary in length depending on various factors, such as the backlog of cases in immigration courts and the complexity of the individual’s case. It is advisable to consult with an immigration attorney to get a better understanding of the expected timeline.

No, cancellation of removal can only be applied for during removal proceedings before an immigration judge. It cannot be applied for outside of removal proceedings or after a removal order has been issued.

In general, individuals who have been previously deported are not eligible for cancellation of removal. However, there may be exceptions to this rule, and it is best to consult with an immigration attorney to assess your specific situation.

Cancellation of removal is a form of relief from deportation, so it is not available to individuals who are inadmissible to the U.S. due to certain grounds, such as criminal convictions, fraud, or health-related issues. However, waivers may be available for some of these grounds of inadmissibility.

Cancellation of removal cannot be granted to individuals who have previously received certain forms of relief, such as asylum or withholding of removal. However, there may be exceptions to this rule, and it is advisable to consult with an immigration attorney to assess your specific circumstances.

Yes, if your application for cancellation of removal is denied, you may have the option to appeal the decision to the Board of Immigration Appeals (BIA) or, in some cases, to the federal courts. It is crucial to consult with an immigration attorney to understand the appeal process and the likelihood of success in your case.