The remedy of Cancellation of Removal is available for people who entered the U.S. with or without a visa more than 10 years ago and who have stayed continuously since then and have a U.S. citizen or permanent resident spouse, child or parent who would suffer extreme hardship if the individual were required to leave the U.S.
1. PHYSICAL PRESENCE:
A continued presence of no fewer than 10 years regardless of whether entry was with or without a visa, immediately preceding the application is required.
2. GOOD MORAL CHARACTER DURING THIS 10 YEAR:
The applicant must show that he/she has not been convicted of a crime of moral turpitude or of an aggravated felony. Petty offenses are not included in this bar. A conviction for domestic violence would be a bar.
3. EXCEPTIONAL & EXTREMELY UNUSUAL HARDSHIP:
For an immediate relative namely, a USC or permanent resident spouse, parent or child, evidence must be shown to prove extreme hardship.
The physical presence would be cut off if the applicant departed the U.S. during the preceding 10 years for more than 90 days or for periods of more than 180 days in the aggregate. The commencement of a Removal Proceeding during the 10 year period would also cut off the 10 year period.
SPECIAL CONSIDERATION FOR BATTERED SPOUSE, CHILD OR PARENT
If an individual has been subjected to extreme cruelty by a U.S. citizen or permanent resident, a spouse, child or parent, may qualify for Cancellation of Removal if the applicant has been present in the U.S. for not less than 3 years, and the applicant has been a person of good moral character for these three years. Proof must be adduced that the applicant would suffer extreme hardship, to him/her self or his/her child or parent(s).
EXECEPTIONAL & EXTREMELY UNUSUAL HARDSHIP
Age, family ties, length of residence, health, medical condition, political, financial, sanitary, and occupation conditions may all be considered. Family separation would be a paramount factor. Economic hardship, psychiatric concerns, persecution, community and cultural ties would all be weighed.
APPLICATION & APPEAL
The application is filed with the Court at the Removal Hearing. The Judge’s decisions are subject to review by the Board of Immigration Appeals.
If you believe you qualify for this remedy, call us to help you or if you just have a question for yourself, a family member or friend, we are only a phone call away.
If you need help or advise, call us at 212-944-9420.