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What is Cancellation of Removal?

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What is Cancellation of Removal?

What is Cancellation of Removal?

Cancellation of removal is an application for relief against deportation, which is only available once an individual has been placed in removal/deportation proceedings. The requirements vary, depending on whether someone is a lawful permanent resident (“LPR”) or whether they are not a lawful permanent resident (“non-LPR”).

Cancellation of removal for lawful permanent residents requires that the applicant meet the following requirements:

  • Status as an LPR for at least 5 years before being placed in removal proceedings.
  • Continuous residence in the U.S. for at least 7 years before being placed in removal proceedings;
  • Has not been convicted of an “aggravated felony”; and
  • Merits an exercise of favorable discretion.

If an LPR is granted cancellation of removal, they will be permitted to maintain their lawful permanent residency in the U.S.

Cancellation of removal for non-LPRs requires that the applicant meet the following requirements:

  • Continuous physical presence in the U.S. for at least ten years before being placed in removal proceedings;
  • Evidence of good moral character for at least ten years prior to the proceedings;
  • Has not committed, or been convicted of committing, certain crimes;  and
  • Can establish that certain family members who are living in the U.S. lawfully as U.S. citizens or LPRs will suffer exceptional and extremely unusual hardship if the cancellation application is not granted; and
  • Merits an exercise of favorable discretion.

An applicant who is granted non-LPR cancellation of removal will become a lawful permanent resident of the United States.

How can Delgado Rompf Bruen LLC help with my case?

Delgado Rompf Bruen LLC can assess your eligibility for cancellation of removal and other immigration benefits during a consultation. If we determine that you are eligible to apply for cancellation of removal, Delgado Rompf Bruen LLC will guide you in gathering the necessary evidence to support your case, and our experienced attorneys will represent you in your hearings before the immigration judge.

What information and documents do I need?

To provide an accurate assessment, it is helpful to have information regarding the individual who is in removal proceedings. This includes:

  • The Notice to Appear (NTA);
  • The individual’s A-number;
  • Copies of any current or previously filed immigration petitions;
  • Travel history to/from the United States;
  • Criminal dispositions, police reports, court records, and previous sentences (including probation and jail time) for incidents in the U.S. and abroad (if applicable); and
  • Family ties in the U.S.

Next Steps

If you need assistance determining if you are eligible for cancellation of removal and would like representation before the Executive Office of Immigration Review (Immigration Court), please contact Delgado Rompf Bruen LLC to schedule a consultation here.

Please contact our office to schedule a consultation appointment. During your consultation, our attorneys will review your immigration options with you and answer any questions you may have.

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