Stopping Deportation with Cancellation of Removal, for Nonpermanent Residents
The first thing to know is that Cancellation of Removal (COR) is only available to someone who is already in deportation proceedings. That means that you cannot apply for COR with U.S. Citizenship and Immigration Services. It is only used as a defense, or relief from removal, with a Judge.
To be eligible to seek COR:
- Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character;
- You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and
- Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.
As you can see, there are many criteria that must be met before you can seek COR. Some of the obvious eliminating factors are, if you haven’t been in the U.S. for ten years, you’re not eligible. If you have certain criminal convictions, you’re not eligible. AND, if you don’t have a U.S. citizen or permanent resident spouse, parent or child, you are not eligible.
Keep in mind that, even if you meet all of these criteria, that only means that you are eligible to apply, it does not mean that the judge will automatically grant you COR.
Getting Cancellation of Removal is a long and complicated procedure. Speak with an Immigration Attorney to see if it is a good option for you.