Cancellation of Removal: 10 Years in the U.S.

Those in removal proceedings may qualify for “Cancellation of Removal.” A person set to be “removed” (deported) from the United States to their country could qualify for permanent residence if he or she has lived in the U.S. for the past ten years and has met other criteria. In order to qualify the person must be in removal proceedings before an immigration court, and meet certain standards, particularly “hardship” to a relative.

Removal proceedings are instituted when the Department of Homeland Security serves a document called Notice to Appear.  The reason for a Notice to Appear may be a person’s overstay in the U.S. with a nonimmigrant visa, entering the country without inspection, or the commission of a crime.  

 Removal cases are difficult to win. In court before an immigration judge, an individual must meet the following:

• 10 years presence in the U.S. prior to receiving a Notice to Appear
• Proof of  Good moral character
• Not be convicted of criminal offenses, which can be found in sections 212(a), 237(a)(2) or 237(a)(3) of the INA. Examples include retail theft and drug possession.
• The individual’s removal will cause “extreme and unusual hardship” to a United States citizen or lawful permanent resident spouse, parent or child.

Only the applicant will be given permanent status if cancellation of removal is granted. If an individual has a spouse or child(ren), who were born elsewhere, they will not obtain permanent status unless they’re also in removal proceedings.

In such cases, as the one mentioned, the spouse or child(ren) must be applied for separately. This process may take several years.  

Cancellation in removal proceedings is difficult, however, if achieved the end result is beneficial and very rewarding for an attorney and client. Be cautious with all steps taken prior to going before a judge, and make sure you are represented by a qualified immigration attorney.  

 The hiring of an attorney is an important decision, which should not be solely based on advertising. Before deciding, ask us for information regarding our experience and qualifications.

Contributed by Genilde E. Guerra, Attorney at Law