What is Cancellation of Removal?

What is Cancellation of Removal?

The term “Cancellation of Removal” is broad and it actually refers to 6 separate forms of immigration relief as follows:
  1. Cancellation of Removal of certain Non-Permanent residents (under section 42B)
  2. Cancellation of Removal for Lawful Permanent Residents (under section 42A)
  3. VAWA Cancellation of Removal under the Violence Against Women Act
  4. Old 212(c) Cases
  5. Old Suspension of Deportation Cases
  6. Special Rule Suspension under NACARA, HRIFA and others
Each of these options, if approved, result in the cancellation of an individual’s deportation proceedings and the adjustment of status to Lawful Permanent Residency. Each of these options will eventually become it’s own blog. However, there are some things that each of these Cancellation of Removal statutes all have in common. First, they all require some showing of continuous physical presence in the United States. For Non-Permanent Residents, the requirement is 10 years, under VAWA Cancellation it is 3 years. But regardless, you will want to save evidence of the amount of time that you live in the US. Keep your tax returns, pay stubs, receipts, leases, medical records etc. These can all be used to help you. Second, almost all types of the Cancellation of Removal require a showing of “Good Moral Character.” This is a term of art in immigration cases, and can be quite complex – please see our blog: http://www.landerholmimmigration.com/good-moral-character-explained/ . The best way to show good moral character is to avoid any criminal conduct and avoid participation in any type of violence or anti-social behavior. Third, Family hardship. Almost all forms of Cancellation of Removal also require some showing that you have family who love you and depend upon you. Stay true to your family, and keep them as a priority in your life. Depending on the type of cancellation, you might need to show that your family members are US citizens or Green card holders and that they would suffer and Exceptional and Extremely Unusual Hardship if you were deported. Speak to your lawyer depending on which type of case you have. At Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing deportation proceedings, but who wish to remain with their families in the United States. Cancellation of removal is only one of the many remedies that may be available if you are potentially facing deportation. We will aggressively investigate the facts and circumstances surrounding your case, and help you determine the option that is best calculated to allow you and your family to live where you choose. Contact our experienced deportation defense attorneys today, and learn how we can help.
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