Cancellation of removal is an immigration function that allows permanent and non-permanent residents to petition an immigration judge to modify their status from “deportable alien” to “lawfully accepted for permanent residence.”
8 U.S. Code 1229b states that the qualifying standards for legal permanent and non-permanent residents are distinct.
To qualify for cancellation of removal, permanent residents must demonstrate that they:
- Have lawfully resided in the nation for five years or more.
- Have settled in the United States for at least seven years.
- Have not been convicted of a severe offense
Non-permanent residents must provide evidence that they:
- Have lived in the United States for at least ten consecutive years
- Possess a strong moral character during the last decade.
- Have not been convicted of specific crimes.
- This elimination would make life extremely difficult for U.S. citizens and lawful permanent residents who have family members living in the United States.
Requirements for Cancellation of Removal for Permanent Residents
1. Fulfillment of Time Requirements
In addition to meeting the grounds for cancellation of removal, you must also fulfill specific time requirements for the authorities to accept your application. If you are guilty of an offense and are facing deportation, you may be able to avoid deportation by asking for the cancellation of removal. However, when you entered the country, committed the offense, and requested a stay of removal are all crucial.
You must be a lawful permanent resident for five years or more at the time of application. Different standards determine when a person has lived in the United States for seven years. Once you get a “Notice to Appear” or commit the deportable offense, the deadline date becomes effective immediately.
2. Demonstrate That There Are Compelling Grounds to Grant the Cancellation Request
Even if you fulfill the primary grounds for cancellation of removal, an immigration court will decide whether they will grant your application. To determine whether to permit you to remain in the United States, the court will consider the following factors:
- How long you have resided in the United States.
- If your business has ties to the United States.
- Your tax documents and employment history.
- Your prior convictions and the severity of your offenses.
- How closely is your family related to Americans?
- How virtuous you are.
The court will decide whether or not you can remain in the United States after reviewing your application and the factors mentioned above.
Requirements for Cancellation of Removal for Non-permanent Residents
To be eligible for cancellation of removal, non-permanent residents must also satisfy specific standards, just like lawful permanent residents. However, as opposed to lawful permanent residents, the qualifications for temporary residents are typically more stringent. Here are the guidelines for non-permanent residents who wish to avoid deportation:
- You must demonstrate good moral character.
- The court did not convict you of any offenses that might result in expulsion.
- You must demonstrate that a U.S. citizen or lawful permanent resident spouse, parent, or child would have difficulty if the US deports you.
- You must have resided in the United States for at least ten years.
1. Meeting Time Requirements
The continuous physical presence criterion for non-permanent residents is comparable to the rule for permanent residents. The cutoff date is when you get a Notice of Action or commit an offense that resulted in your removal. Remember that if you leave the U.S. for 90 days or longer or take several trips totaling 180 days, your continuous physical presence in the nation will terminate.
2. Having the Appropriate Character
If you have been guilty of murder, human trafficking, or other major offenses, a court may dismiss your claim of moral rectitude. Even minor offenses will count, although they may not immediately disqualify you. In addition to familial ties, community activity, employment background, etc., a court will consider other factors when assessing moral character.
3. You Must Satisfy the Hardship Prerequisite
To qualify for cancellation of removal, a non-permanent resident must have a spouse, child, or parent who is a lawful permanent resident or U.S. citizen. Additionally, the applicant must demonstrate that the eligible family member would struggle if the US deports the applicant.
For instance, the person may satisfy the hardship condition if an eligible family member has a significant sickness or a particular handicap diagnosis. You must provide evidence that this is a difficult scenario along with your application. And in the end, the decision rests with the immigration court. Whether you have a child in the United States, you should investigate DACA to determine if they qualify. If so, they will not be deported.
Related: Work Permit with Cancellation of Removal
Guide on How to Apply for Cancellation of Removal
You can apply for removal cancellation in one of two ways. The U.S. Department of Justice includes paperwork for permanent and non-permanent residents. Before filling out and submitting the form, the candidate should read it attentively.
Submission of an application as a permanent resident requires that you must submit these documents to the correct Immigration Court:
- A copy of your Form EOIR-42A
- Application for Cancellation of Removal, followed by all supplementary materials.
- The original G-325A Biographical Information Form version.
- All support documentation and additional papers accompany the original Form EOIR-42A.
- A copy of the notification of fee receipt and biometrics appointment instructions from the USCIS ASC
- Form G-325A, Biographical Information, copy.
- A copy of the USCIS ASC’s notification of fee receipt and instructions for the biometrics appointment.
- A signed certificate showing that you handed these documents to the ICE Assistant Chief Counsel unless the documents were given to the ICE Assistant Chief Counsel at the hearing and entered into the official record.
Here’s How to Submit Your Application as a Non-permanent Resident:
The application criteria are identical, except that the applicant must provide a photograph that fits all specifications and a copy of Form EOIR-42B, an application for Cancellation of Removal, and all supporting documentation.
Cancellation of Removal Form and Fees
Form EOIR-42A must be completed and submitted if you are a lawful permanent resident requesting cancellation of removal. The form requests information about you, your family, and your stay length in the United States. On the form, you must list your previous addresses and employment. It is essential to achieve maximum precision.
Additionally, there are several yes/no questions in Part 7. Some questions are designed to determine if the judge can cancel your deportation. Other matters will be decided by the judge based on their discretion. If you believe the answer to these questions should be “yes,” discuss your case with an expert immigration attorney before applying.
Beginning in 2023, the filing price for form EOIR 42A is $100 plus an extra $85 biometrics filing charge. Check the forms page of the U.S. Department of Justice website for the most recent information on these costs before submitting your application. Before the merits hearing in Immigration Court, all applicants older than 14 must have their fingerprints taken during their biometrics session.
How to Get the Court to Grant Your Cancellation of Removal
Here are the things you should do to help you get the judge to decide in your favor when applying for cancellation of removal:
1. Gather Evidence to Support Your Plea to Cancel the Eviction
As the applicant, you are responsible for showing that you are eligible and deserving of having your deportation halted. In certain instances, the same papers can simultaneously demonstrate more than one.
In addition, after the government examines your biometric information, it will know if you have previously been convicted of a major crime or deported. If you have a criminal record, you should get certified copies of all arrests to demonstrate that you have not been convicted of a significant offense. You should seek the assistance of an attorney with this analysis.
2. Demonstrate your residence in the U.S.
You must provide evidence that you have been a legal permanent resident for at least five years and have resided in the United States for seven years.
Proof can include copies of your green card, Form I-94 Arrival/Departure document, birth certificates of children born in the U.S., marriage certificates, federal income tax transcripts, leases/deeds, receipts, education records, medical records, job records, notarized statements from persons who know you well, and more.
Digital data, such as records of a user’s whereabouts on social networking sites like Facebook or records of journeys with ride-sharing services like Lyft and Uber, are also beneficial.
3. Making the Judge Decide in Your Favor by Demonstrating That You Are Entitled to It
You will also need to provide substantial evidence demonstrating why you need permission to remain in the nation as a lawful permanent resident and not face deportation. Once you show that you fulfill the fundamental standards for cancellation of removal, the main emphasis of the hearing will be whether you will have permission or you’ll maintain your green card.
In this regard, the Immigration Judge has considerable discretion and will assess the negative aspects of your case against the positive statements you make about yourself.
From humanitarian factors are concerned, you will need to provide:
- Evidence of your family ties in the United State
- How difficult would it be for you and your family to face deportation
- Your ties to the community
- Your work history
- Business ties
- How long you’ve lived in the United States and,
- How you’ve changed (for any crimes committed).
During Your Merits Hearing, Consider Having Family and Friends Speak
The judges may grant cancellation of removal once, so immigration judges are usually lenient with applicants. To escape an Order of Removal, you must present a strong argument by having family members and friends speak in your favor during your merits hearing.
The immigration judge will then decide whether or not to annul your deportation.
Do You Need to Talk to Lawyer?
Cancellation of removal is a delicate process that must be handled carefully and rightly. You need to gather the right documents and evidence to support your application. It would help if you considered hiring a reliable immigration attorney for your cancellation of removal application; This would help you avoid errors that may lead to an order of removal.