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Cancellation of Removal

Cancellation of Removal

Cancellation of Removal September 12, 2018 | Landerholm Immigration, A.P.C., By: Maryellen Hess Cameron

If you have tried all other avenues to gain authorization to stay in the U.S. without success, then you might want to apply for a cancellation of removal. This is a form of relief for people who have a notice of deportation and they meet several other requirements.

You must meet all four of these conditions.

  1. You can provide that you have been physically present continuously for at least 10 years. The best evidence for this is a piece of documentation with your name on it that will show you had to be in the U.S. for every quarter, for every year. Your documentation could include things like receipts for rent or utility payments, receipts for purchases made in the U.S., bank statements or even credit reports. Though less desirable, notarized statements from at least two people (who are authorized to be here) who can vouch for your presence.
  2. You are of good moral character. This is likely to be the easiest part to demonstrate, unless you have a criminal history, or you have not lived up to obligations like child support.
  3. You can demonstrate that if you are deported it will create exceptional and extremely unusual hardship for a spouse, parent or a child under the age of 21, and that person is either a U.S. citizen or holds a green card. The standard for this is high. An attorney can review your family circumstances and advise you what might be your strongest argument might be for this.
  4. Last, immigration judges have some discretion over the decision. If you have done a good job of demonstrating items 1 – 3 then it is more likely to tip in your favor.

Cancellation of removal is tough to obtain, and U.S. law restricts how many immigration judges can issue. However, if you think you can meet the standards it is an option for long-term unauthorized residents.

Landerholm Immigration has posted a video here where you can find out more about cancellation of removal. Contact us today to help you assemble your case to obtain a cancellation of removal. You can call us at (510) 756-4468 or reach out to us on our website.


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