Cancellation of Removal/ Deportation [1] is a limited form of relief for certain non-permanent residents who are in removal proceedings and meet the following requirements:
- The alien must demonstrate that they have lived in the United States continuously for the last ten years without any deportation or removal proceedings.
- The alien must have good moral character and not been convicted for any serious criminal offense.
- The alien must prove that if they are deported, it will result in exceptional and extremely unusual hardship to a spouse, parent or child who is a legal permanent resident or a U.S. citizen.
An exceptional and extremely unusual hardship is one that is “substantially different from, or beyond, that which would normally be expected from the deportation of an alien” with close family members in the U.S. The Immigration Court will usually consider the “ages, health, and circumstances of qualifying lawful permanent resident and United States citizen relatives.”
For example, for a claim based on the health of a qualifying relative, it must be established that:
- The relative has a serious medical condition (Type 1 Diabetes, Cancer, Mental Health Disorder, etc),
- The US resident or citizen will leave the U.S. and move with the alien to the other country, and,
- The adequate medical care for the claimed condition is not reasonably available in the country where the alien would be deported to.
In addition, students with substantial learning disabilities, may have “compelling special needs in school” capable of supporting an exceptional and extremely unusual hardship finding.
If the applicant meets all these requirements, the immigration Judge after review of all the evidence will be able to cancel the removal proceedings and grant the alien the Legal Permanent Residence or Green Card [2].
If you want to learn more about the eligibility requirements to apply for Cancellation of Removal (or the 10 Year Law) [1] or about the legal process, documentation and family benefits, you can watch this video:
If you think that you meet all the requirements to apply for Cancellation of Removal [3] call our office to schedule an appointment today with one of our highly qualified immigration lawyers in Boston, MA at (617) 303-2600 or request an appointment with one of our highly qualified lawyers in Boston, MA [4]. We can also help you or your family members with any legal problem in the areas of Criminal Defense [5], Personal Injury [6] or any other Immigration Process. [7]