Immigration Cancellation of Removal

Our Legal Team


Steven L. Tuchman
Director
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Thomas R. Ruge
Director
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Robert W. Rund
Director
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Sarah Moshe

Sarah Moshe
Director
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Ryan C. Marques
Associate
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Manny Herceg
Associate
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Dallin Lykins

Dallin Lykins
Associate
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Cancellation of Removal (for permanent residents and nonpermanent residents)

A foreign national who is deportable from the United States may still be able to remain if an immigration judge has canceled their departure. The 1996 act created a form of relief for aliens in removal proceedings and named it "cancellation of removal." There are two types of cancellation of removal: the first is cancellation of removal for permanent residents, while the second is cancellation of removal and adjustment of status for nonpermanent residents (i.e., those who have not previously gained lawful permanent resident status).

Cancellation for Lawful Permanent Residents

Cancellation of removal for permanent residents, (previously known as 212(c) relief), is in general available to 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 five (5) years or more, (2) has resided in the United States continuously for seven years after having been admitted in any status, (3) has not been convicted of any aggravated felony, and (4) deserves favorable exercise of discretion.

Cancellation of removal for permanent resident aliens does not specifically require that the alien have been continuously physically present in the United States, nor any specific showing of hardship. It also does not expressly require any showing of reformation or rehabilitation. However, based on court interpretations of the previous section 212(c), it must be assumed that these will be factors that the court will consider in deciding whether to grant the relief requested.

Cancellation of Nonpermanent Residents

Cancellation of removal and adjustment of status for nonpermanent residents, (previously known as suspension of deportation), is available to an alien who is inadmissible or deportable from the United States if the alien: (1) has been physically present in the United States for a continuous period of not less than ten years immediately preceding the date of such application; (2) has been a person of good moral character during such period; (3) has not been convicted of a disqualifying criminal offense or security or terrorist related crime; and (4) 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.

VAWA Cancellation

VAWA Cancellation relief allows battered spouses (men and women) and children of abusive US Citizens or Legal Permanent Residents to file for immigration relief without abuser's assistance or knowledge.

A qualifying relative is anyone whose relationship would qualify to file a VAWA self-petition on form I-360. In addition, it includes:

  • Former spouse, child, or son or daughter of USC or LPR, regardless of when death, divorce, or termination occurred;
  • Former or current spouse, child, son or daughter of someone who was formerly a USC or LPR but has lost such immigration status, regardless of reason;
  • Person with child in common with current or former USC or LPR, where the child in common was abused by the USC or LPR.

An applicant must show that he or she has established that he or she has suffered from battery or extreme cruelty; that he/she is a person of good moral character (for the 3 years prior to the application for cancellation); that he/she will suffer extreme hardship to themselves, their children, or their parents; and must have been physically present in U.S. for three years prior to application.