Cancellation of removal is a powerful legal remedy that may allow some immigrants to avoid deportation—and in some cases, obtain lawful permanent residence. This benefit is only available in immigration court before a judge, and cannot be requested directly from USCIS.
There are two types of cancellation of removal: one for non-permanent residents and another for lawful permanent residents. Each has its own requirements, but both aim to show that removal would cause serious harm to the person or their family.
For non-residents without legal status, you must prove:
- You’ve lived in the U.S. continuously for at least 10 years.
- You’ve maintained good moral character during that time.
- You have no disqualifying criminal history.
- Deportation would cause exceptional and extremely unusual hardship to a qualifying relative with legal status (e.g., U.S. citizen child).
For lawful permanent residents facing removal due to certain convictions, you must show:
- You’ve lived in the U.S. for at least 7 continuous years.
- You’ve had permanent resident status for at least 5 years.
- You have not been convicted of an aggravated felony.
Only an immigration judge can grant cancellation of removal, and strong evidence is critical—such as medical records, financial documents, and witness testimony.
The full procedure is outlined in the Immigration Court Practice Manual. Additional information is available through USCIS resources on EOIR proceedings.
Conclusion
If you are facing deportation, don’t lose hope. Cancellation of removal could be your path to staying in the U.S. legally and protecting your family.
Want to know if you qualify?
Speak with an immigration attorney today at: https://shairlegal.com