Cancellation of Removal

Cancellation of Removal Eligibility

To qualify for standard cancellation of removal, you must prove all three of the following:

1. 1Prior to receiving a Notice to Appear, you maintained continuous physical presence in the US for 10 or more years and were a person of good moral character (INA § 101(f)) during that period
2. 2You were not convicted of any offense under INA § 212(a)(2), INA § 237(a)(2), or INA § 237(a)(3)
3. 3Removal would cause exceptional and extremely unusual hardship to a US citizen or LPR spouse, parent, or child, and you deserve a favorable exercise of discretion

Alternative Eligibility — VAWA (Battered or Subjected to Cruelty)

• Battered or subjected to extreme cruelty by a US citizen or LPR spouse or parent
• Continuous physical presence for 3 or more years, good moral character during that period
• Not inadmissible under certain INA sections; not convicted of an aggravated felony
• Removal would result in extreme hardship to them or their child

Satisfying the 10-Year Residence Requirement

Rent receipts, credit card statements, and pay stubs can help prove continuous residence. Affidavits from friends or family are acceptable when hard evidence is unavailable. Leaving the country for more than 90 days, or trips totaling more than 180 days, can negatively impact the 10-year calculation. Receiving a Notice to Appear stops the 10-year clock.

Satisfying the Qualifying Relative Requirement

The qualifying relative must be a spouse, parent, or child who is either a US citizen or a lawful permanent resident. A child must be unmarried and under 21.

Satisfying the Exceptional and Extremely Unusual Hardship Requirement

Hardship must go beyond simple sadness at separation. Unavailability of medical care in the home country often qualifies. Language barriers or a lack of support structures for qualifying relatives can also be factors in your favor.

Satisfying the Good Moral Character Requirement

Your criminal record will be reviewed; convictions are damaging. Minor crimes can sometimes be overcome through evidence of volunteer service or steady employment.