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What Are The Requirements For Cancellation Of Removal?


The requirements for cancellation of removal depend on a few factors. If somebody is placed in removal proceedings then they need to have a form of relief. The judge would want to hear from them or from their lawyer what relief they have from removal. Cancellation of removal is a form of relief and there are two different forms of cancellation removal. One is for lawful permanent residents, that’s for people who had a green card and the government wants to deport them. Most often it happens when somebody has a criminal conviction. To get cancellation removal for people who are lawful permanent residents, they need to prove that they’ve had the green card for at least five years, they lived in the U.S. continuously for at least seven years before committing the crime or served with a Notice to Appear in Immigration Court and that they don’t have an aggravated felony for immigration purposes, which is not the same thing as criminal aggravated felonies. That is called Cancellation A or 42A.

Relief from removal for people who have never had a green card is called Cancellation B or 42B. This is for people who either cross the border illegally or who came and overstayed their visa. If their cancellation of removal is granted then the result is a green card. Getting cancellation of removal B is very difficult because besides the fact that they need to prove they have a good moral character and that they don’t have criminal convictions, they also need to prove that they’ve lived in the country for at least 10 years and that their removal from the United States would cause extreme hardship to their U.S. citizen or green card holder family member; most often, this is their spouse or children. If somebody’s removal from the United States would cause extreme hardship to their U.S. citizen spouse or U.S. citizen children, or parents or green card holder spouse or children or parents, then this would qualify for cancellation removal 42B. Being granted cancellation removal results in a green card.

What Is Withholding Of Removal Or Deportation?

The withholding of removal relief from deportation is a form of asylum. If the immigration judge cannot grant somebody’s asylum because of various reasons (for example criminal convictions) which would result in a green card a year after asylum is granted, but the immigrant qualifies for withholding a removal they can apply for it, although this does not ever result in a green card. This is actually a much higher standard than asylum. For withholding a removal, somebody needs to prove that it is more likely than not that there is more than 50% chance that they would be persecuted in their home country. If the judge grants withholding of removal to somebody that is actually an order of removal. The removal is withheld due to the fact that they face persecution in their home country. As mentioned above, where the grant of asylum results in a green card a year later, withholding a removal can never result in a green card. This basically means that if the judge grants withholding a removal to somebody then they are allowed to stay in the U.S. but they never qualify for a green card and their removal is withheld. They also can apply for an employment authorization but that is the only immigration benefit they can get.

When Is Adjustment Of Status To Permanent Resident A Viable Option?

If somebody is in removal proceedings and the relief from removal is adjustment of status, they need to show that they have a family member who filed a petition for them and they’re immediately eligible for a green card. Most likely that happens when a U.S. citizen spouse files a petition for the person who is in removal proceedings and that person entered the country lawfully. If they entered the country unlawfully, the process gets more complicated than that. Basically an easy answer to this question is if somebody entered the country with a visa and their U.S. citizen spouse filed a petition for them, for the person who is currently in removal proceedings then they qualify for adjustment of status. This is always a viable option to somebody whose spouse filed a petition for them or if a U.S. citizen child who is over the age of 21 filed a petition for their parent who is in removal proceedings.

What Are Waivers Of Deportability Or Inadmissibility?

When somebody needs to ask the U.S. government for forgiveness for committing a transgression, such as entering the country unlawfully or committing a crime or lying to immigration authorities, entering the country with a fake passport or with a fake visa, which would be immigration fraud, they’re asking the U.S. government to forgive them and to waive their ground of inadmissibility. They can then file a waiver while they’re in removal proceedings. However, they cannot file a standalone waiver. They can only file that waiver proving to the judge that they qualify for relief from removal, in the form of a green card, which is called adjustment of status. The most difficult thing about waivers is to prove extreme hardship to a qualifying family member.

For more information on Cancellation Of Removal Requirements, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (646) 453-4170 today.

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