WYRWTK | Episode #16 | Am I eligible for Cancellation of Removal? If so, how do I apply?
Transcript: Hi, I am Attorney Shapiro, today on “What You Really Want to Know,” we answer the question, “Am I eligible for Cancellation of Removal, and if so, how do I apply for it?”
The answer is, it depends!! There are 2 types of cancellation of removal- one is for permanent residents and the other is for non-permanent residents. Today’s episode will focus on non-permanent resident cancellation of removal. This category applies to people who do not have a Green Card. You may be out of status or have never had legal status at all in the United States, such as a person who entered the country unlawfully.
Cancellation of Removal is a form of relief from removal. If it is granted, you will be able to get a Green Card. So in order to apply, you must be in removal/ deportation proceedings. These proceedings are initiated by the Department of Homeland Security (DHS) by serving you with a Notice to Appear in Immigration Court.
Once you are in Removal Proceedings, if you are eligible for cancellation of removal, you will then file the application with USCIS and then serve copies of the application on the Immigration Judge and DHS along with the supporting evidence. The Immigration Judge will then schedule you for an individual hearing where you will present your evidence and testify regarding your eligibility for each factor.
To be eligible for cancellation of removal for non-permanent residents, you must be able to prove all of the following:
1. That you have continuously resided in the United States for at least 10 years. The 10 years is measured from the date of your entry until DHS issues you a Notice to Appear (with some exceptions*);
2. You have a qualifying U.S. Citizen or Lawful Permanent Resident relative - this can be a spouse, parent or child under the age of 21;
3. Your qualifying relative will suffer an exceptional and extremely unusual hardship if you are ordered removed from the United States;
4. You have no criminal convictions that render you inadmissible or deportable, and;
5. That you are a person of good moral character and that your case warrants a favorable exercise of discretion.
Convincing the Immigration Judge to grant your application for cancellation of removal requires a lot of hard work and strong evidence. The fact that you have been here over 10 years and have U.S. Citizen children who have never been to your country will not suffice! The hardest requirement to meet is the exceptional and extremely unusual hardship to your U.S. citizen relative, which requires you to prove that your relative will suffer a hardship above and beyond that which the average qualifying relative would suffer, and that they will suffer this hardship if they remain in the United States without you AND if they leave the country with you.
Before we file cancellation of removal applications for clients, we ensure that he or she meets all of the eligibility requirements and can present a strong case to the Immigration Judge. If you think that you may be eligible or are in removal proceedings and need help to determine what relief for removal is available to you, contact us today.
That is all for this episode of “What You Really Want to Know,” thanks for watching!
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