Legal Topics
04-Apr-2024
Demystifying Cancellation of Removal: A Path to Legal Stay
Cancellation of Removal is a legal process that allows certain non-permanent residents in the United States to apply for permanent resident status, also known as a Green Card. This process is available to both documented and undocumented individuals who meet specific criteria outlined by U.S. immigration law. In this comprehensive guide, we will explore what Cancellation of Removal entails, the requirements for eligibility, how to prove eligibility, the costs associated with the process, re-entry options after a successful application, and the importance of legal representation.
Understanding Cancellation of Removal
Cancellation of Removal is a form of relief from deportation that allows eligible non-permanent residents to remain in the United States and obtain lawful permanent resident status, commonly referred to as a Green Card. It is available to two distinct groups of individuals:
- Lawful Permanent Residents (LPRs) facing deportation proceedings due to certain criminal convictions or violations of immigration law.
- Non-Permanent Residents who have been physically present in the United States for a specified period and meet other requirements.
Conditions for Removal Cancellation
Cancellation of Removal is a form of relief from deportation that allows certain non-permanent residents in the United States to apply for permanent resident status, also known as a Green Card. To qualify for Cancellation of Removal, non-permanent residents must meet specific requirements outlined by U.S. immigration law.
Continuous Physical Presence
The applicant must have been physically present in the United States for a continuous period of at least ten years before receiving a Notice to Appear (NTA) in immigration court. This means that any absence from the U.S. for more than 90 days or any aggregate absences exceeding 180 days can disrupt the continuity of physical presence.
Good Moral Character
The applicant must demonstrate good moral character for the ten years preceding the application and up to the present time. Good moral character is a broad requirement that considers factors such as criminal history, honesty, and respect for the law.
No Aggravated Felony Convictions
The applicant must not have been convicted of an aggravated felony. This includes serious crimes such as murder, rape, drug trafficking, and certain firearm offenses. Even a single aggravated felony conviction can render an individual ineligible for Cancellation of Removal.
Exceptional and Extremely Unusual Hardship
The applicant must establish that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or LPR spouse, parent, or child. This hardship standard is high and requires strong evidence, such as medical records, psychological evaluations, and testimonies from family members.
Positive Discretionary Factors
The applicant must demonstrate positive discretionary factors, such as family ties in the United States, community involvement, and rehabilitation if applicable. These factors can help strengthen the case for Cancellation of Removal.
Meeting these requirements can be challenging, and applicants are encouraged to seek legal counsel to navigate the process effectively.
Proving Eligibility for Cancellation of Removal
Proving eligibility for Cancellation of Removal requires thorough documentation and presentation of evidence. Some key documents and evidence that may be required include:
Proof of Continuous Physical Presence: This can include tax returns, employment records, school records, medical records, and other documents that demonstrate your presence in the United States.
Evidence of Good Moral Character: This may include letters of recommendation, certificates of rehabilitation (if applicable), proof of community involvement, and evidence of compliance with U.S. laws.
Documentation of Hardship: This can include medical records, psychological evaluations, letters from family members, and other evidence that demonstrates the hardship your family would face if you were removed from the United States.
Positive Discretionary Factors: This can include letters of support from community members, evidence of volunteer work or community service, and any other evidence that demonstrates your positive contributions to society.
Cost of a Hearing to Cancel Removal Cost
The cost of a hearing to cancel removal can vary depending on several factors, including the complexity of the case and whether the applicant is represented by an attorney. As of [current date], the fee for filing Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, is [current fee].
Additionally, applicants may incur costs for legal representation, document preparation, and other related expenses. It is essential to consult with an experienced immigration attorney to understand the full cost of the process and to ensure that all necessary fees and expenses are accounted for.
Can I Enter the Country Again Following a Hearing to Cancel Removal?
Yes, if your application for Cancellation of Removal is approved, you will be granted lawful permanent resident status, also known as a Green Card. As a Green Card holder, you will have the right to live and work permanently in the United States. This means that you can leave the United States and re-enter without facing any additional immigration consequences, as long as you comply with U.S. immigration laws and regulations.
However, it is important to note that obtaining a Green Card through Cancellation of Removal does not guarantee re-entry into the United States if you have previously been deported or removed. In such cases, additional waivers or permissions may be required, and it is advisable to seek legal counsel to navigate the re-entry process successfully.
Legal Requirement to Cancel Removal Hearings
While you are not required to have a lawyer for a Cancellation of Removal hearing, it is highly recommended that you seek legal representation. Immigration law is complex, and the requirements for Cancellation of Removal are stringent.
A qualified immigration lawyer can help you understand your rights, gather the necessary evidence, prepare your case, and represent you in court. Additionally, a lawyer can help you navigate any challenges or obstacles that may arise during the process, increasing your chances of a successful outcome.
You may also like to read: An Introduction to the US Citizenship & Immigration Services
Conclusion
In conclusion, Cancellation of Removal provides a crucial opportunity for non-permanent residents in the United States to achieve legal stay and eventual permanent resident status. By meeting the stringent requirements, including continuous physical presence, good moral character, and demonstrating exceptional hardship, individuals can secure their future in the country. While the process can be complex and challenging, seeking legal representation and understanding the process thoroughly can greatly increase the chances of a successful application. Ultimately, Cancellation of Removal offers hope and a legal pathway for those facing deportation, highlighting the importance of understanding and navigating the U.S. immigration system.