Cancellation of Removal is a provision of immigration law that foreign nationals can apply for if they have been placed in removal proceedings. A lawful permanent resident is eligible to apply for Cancellation of Removal if the individual has been lawfully admitted for permanent residence for at least five years, has resided continuously in the United States for at least seven years after having been lawfully admitted in any status, and has not been convicted of an aggravated felony.

Cancellation of Removal can also apply to foreign nationals who are not lawful permanent residents, even if they are in the United States illegally. The individual must in be removal proceedings, and must be able to prove to the Immigration Judge that they:

1. have been physically present in the United States for a continuous period of ten years or more;
2. have been a person of good moral character during that period of ten years and have not been convicted of any of the criminal grounds of inadmissibility (aggravated felony, crime of moral turpitude, controlled substances conviction, domestic violence, terrorist act); and,
3. that the foreign national’s removal from the United States would result in exceptional and extremely unusual hardship to a lawful permanent resident or United States citizen spouse, parent, or child.

The requirement of exceptional and extremely unusual hardship is a very difficult standard to reach, and it must be proven that the hardship to the United States citizen or lawful permanent resident relative (NOT THE ALIEN) must be much harder and more extreme than the usual hardship that is expected in any removal of a foreign national, and separation from their family.

Considering the complex and high legal standard for Cancellation of Removal Proceedings, a consultation with one of our attorneys at Allott Immigration Law is highly recommended to determine if a foreign national qualifies.