Simple English definitions for legal terms
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Definition: Cancellation of removal is a way for people who are not allowed to stay in the United States to ask a judge to let them stay. If they meet certain requirements, they can change their status from someone who can be deported to someone who can stay in the United States permanently. The requirements are different for people who are already permanent residents and those who are not. The judge can decide whether to let them stay or not based on how long they have lived in the United States, their family and community ties, and other things.
Cancellation of removal is a legal process that allows certain immigrants who are facing deportation to apply to stay in the United States. This process is available to both permanent residents and non-permanent residents who meet certain requirements.
The eligibility requirements for cancellation of removal differ depending on whether the immigrant is a permanent resident or a non-permanent resident.
The immigration judge has discretion to grant or deny cancellation of removal applications. In making this decision, the judge may consider factors such as the length of residence in the United States, family and community ties in the United States, and community service work.
An example of cancellation of removal would be a non-permanent resident who has been living in the United States for 10 years and has a US citizen child who has a serious medical condition that requires ongoing treatment. If this person were to be deported, it would cause exceptional and extremely unusual hardship to their US citizen child and family, and they may be eligible for cancellation of removal.