Cancellation of removal is available for both Legal Permanent Residents who have been ordered removed, typically because they have been convicted of a crime, and non-Legal Permanent Residents in the United States, including individuals without legal status that meet certain criteria.
The relevant text of 8 U.S.C. § 1229b for most persons seeking cancellation of removal is:
(a) Cancellation of removal for certain permanent residents
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony. (Click here to see what is an aggravated felony)
(b) Cancellation of removal and adjustment of status for certain nonpermanent residents
The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
An EOIR-42A is an application for cancellation of removal for permanent residents and located here.
An EOIR-42B is an application for cancellation of removal for non-permanent residents and located here.
Keep in mind just because you may statutorily qualify does not mean that the immigration court is obligated to give you cancellation of removal. The immigration judge still has discretion over issues like extremely unusual hardship to the alien’s spouse, parent, or child, and good moral character.
In cases where an alien is facing deportation to a country in extreme poverty or where he and his United States Citizen relative may suffer persecution, it may be necessary to hire an immigration expert witness to prove this hardship.
Also in cases where a United States Citizen relative would lack proper medical care if forced to relocate to a foreign country, with his alien parent for example, or a United States Citizen would be forced to relocate to a country that lacked the ability to address special educational needs a medical expert witness will most likely be necessary to properly present the issue to the immigration court.
Obtaining cancellation of removal is never easy, but if follow the above legal standards and tips you can dramatically increase your chances of your cancelation claim being granted!
As always these are complicated issues, so if you have any questions click the contact link at the top of the page.
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