Cancellation of Removal

Cancellation of Removal today is what was previously known as suspension of deportation prior to April 1, 1997. Cancellation of removal is a form of relief available to individuals who meet the very strict requirements, and grants the applicant permanent residence if he or she is found eligible. The U.S. has placed a numerical limit of 4,000 such applications granted per year.

To be eligible for cancellation of removal for non-LPRs, the individual must establish that:

they have been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding their application for relief;
they have good moral character during the 10-year period prior to the entry of final administrative decision in the case;
they have not been convicted of an offense that would make them inadmissible or deportable; and
their removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child.

To be eligible for cancellation of removal for LPRs, the individual must establish that:

he has been an LPR for at least five years;
has resided in the U.S. continuously for seven years after having been admitted in any status;
has not been convicted of an aggravated felony; and
merits a favorable exercise of discretion

Unlike suspension of deportation and cancellation of removal for non-LPRs, neither a showing of hardship nor a u.S. citizen or LPR qualifying relative is necessary to qualify for this form of relief. Moreover, no numerical limit applies to the total number of cancellation of removal applications granted to LPRs each year.

Cases involving deportation and removal tend to be quite complex. The above information is not at all comprehensive and should not be taken as legal advice. To determine the best course of action in your individual case, please contact our office to schedule a free consultation.