Legal Definitions - cancellation of removal

"Cancellation of removal" is a legal process in U.S. immigration law that allows certain individuals who are facing deportation (officially called "removal") to ask an immigration judge to let them remain in the United States and become a lawful permanent resident. It serves as a form of relief from being removed from the country, granted when specific eligibility criteria are met and at the discretion of an immigration judge.

The specific requirements for applying for cancellation of removal differ depending on whether the individual is already a lawful permanent resident (a "green card" holder) or a non-permanent resident.

• For Lawful Permanent Residents (Green Card Holders):

  To be eligible, a lawful permanent resident must demonstrate that they:

  • Have held lawful permanent resident status for at least five years.
  • Have continuously resided in the United States for at least seven years.
  • Have not been convicted of certain serious crimes known as "aggravated felonies."
• For Non-Permanent Residents (Individuals Without a Green Card):

  To be eligible, a non-permanent resident must establish that they:

  • Have been physically present in the United States for a continuous period of at least ten years.
  • Have demonstrated good moral character throughout that ten-year period.
  • Have not been convicted of certain specific criminal offenses.
  • Can show that their removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

Even if an individual meets all the eligibility criteria, the immigration judge has the final authority to grant or deny the application. The judge will consider various factors, such as the length of time the person has lived in the U.S., their family and community ties, any community service, and the nature of any offenses, when making a decision.

Examples of Cancellation of Removal:

• Example 1: Lawful Permanent Resident with a Minor Offense

  Scenario: Mr. Chen has been a lawful permanent resident for 18 years and has lived in the United States for 25 years. He was recently placed in removal proceedings after a minor misdemeanor theft conviction from 10 years ago, which is not classified as an aggravated felony. He has a U.S. citizen wife and two adult U.S. citizen children, and he owns a successful small business that employs several people.

  How it illustrates the term: Mr. Chen meets the criteria for a lawful permanent resident seeking cancellation of removal: he has been an LPR for over five years, resided continuously for over seven years, and his conviction is not an aggravated felony. He can apply to the immigration judge, who would consider his long residence, strong family and community ties, and the relatively minor nature of his past offense when deciding whether to grant him relief from removal.

• Example 2: Non-Permanent Resident with Hardship to a Child

  Scenario: Ms. Rodriguez entered the U.S. without authorization 14 years ago. She has since married a lawful permanent resident and they have an 8-year-old U.S. citizen child who suffers from a rare, severe autoimmune disease. The child requires highly specialized medical treatment and medication that is only available in the United States. Ms. Rodriguez has no criminal record, has consistently worked, and has been the primary caregiver for her child. She is now in removal proceedings.

  How it illustrates the term: Ms. Rodriguez is a non-permanent resident. She meets the continuous physical presence (>10 years) and good moral character requirements. Her removal would cause "exceptional and extremely unusual hardship" to her U.S. citizen child due to the child's critical medical needs and the unavailability of necessary treatment outside the U.S. She can apply for cancellation of removal, presenting this hardship as a key factor for the judge's consideration.

• Example 3: Non-Permanent Resident with Strong Community Ties and Parental Support

  Scenario: Mr. Singh arrived in the U.S. on a temporary visa 16 years ago and overstayed. He has since become an integral part of his community, volunteering extensively at a local food bank, coaching youth sports, and providing significant financial and emotional support to his elderly U.S. citizen parents, who rely on him for daily care. He has no criminal record and has been a responsible, tax-paying member of society. He is now facing removal.

  How it illustrates the term: Mr. Singh is a non-permanent resident. He meets the continuous physical presence (>10 years) and good moral character requirements. While the hardship to his parents might be a significant factor, the judge would also consider his strong community ties, extensive volunteer work, and the crucial support he provides to his U.S. citizen parents when evaluating his application for cancellation of removal. These factors demonstrate his positive contributions and integration into U.S. society.