When discussing immigration-related issues, you might hear the phrase “cancellation of removal.” This is the terminology used when an immigrant facing deportation or removal proceedings has their removal cancelled due to extenuating circumstances, often in the form of relief from removal. Generally, this is limited to specific individuals, and depends on the Immigration Judge’s discretion.
Determining Eligibility for Cancellation of Removal
In order to be eligible for cancellation of removal, an individual must demonstrate that they have met a strict set of criteria. This includes that the individual must be a lawful permanent resident who has been living in the United States for at least five years, must have a “good moral character,” and must not have been convicted of certain criminal offenses. Additionally, the individual must demonstrate that they have been living in the United States for at least seven years and must show that their removal would cause extreme hardship to their spouse, parents, or children who are U.S. citizens or green card holders.
What Cancellation of Removal Means for Immigrants Facing Removal
For immigrants facing removal, cancellation of removal can provide them with a second chance. If they are able to prove that they meet the criteria under the law, they may be able to remain in the United States legally. This can provide stability and security as well as the opportunity to live and work in the United States.
Conclusion
Cancellation of removal is a legal mechanism that allows some immigrants facing deportation or removal proceedings to remain in the United States. The criteria for eligibility is strict, but if an individual is able to prove that they meet the requirements they may be granted a reprieve from removal. Ultimately, this can provide stability and security as well as the opportunity to live and work legally in the United States.