Cancellation Of Removal

Categories: Legal,

An immigration benefit allowing an immigrant in removal proceedings to ask the immigration judge to grant permanent residence. The judge's decision will be a matter of discretion. In the case of undocumented immigrants, the applicant must prove 1) having lived continuously in the United States for at least ten years; 2) good moral character during those years; 3) that he or she isn't statutorily barred from entry based on having violated certain U.S. security or criminal laws; and 4) that his or her U.S. citizen or permanent resident spouse, parent, or children would face "extraordinary and exceptionally unusual hardship" if the applicant were forced to leave the United States. In the case of immigrants who already have U.S. permanent residence, but are in removal proceedings because of having committed a crime, the applicant must prove that he or she has 1) been a lawful permanent resident for at least five years; 2) lived in the U.S. for at least seven years in any status; and 3) not been convicted of an aggravated felony.