Yes, as long as you meet specific requirements. Cancellation of removal is an immigration benefit that allows you to ask an immigration judge to change your status from deportable to lawful permanent resident. If you are facing deportation, this process can be a crucial step in securing your future and stability.
Are you eligible?
Specific eligibility requirements change depending on whether you are a lawful permanent resident (LPR) or a non-lawful permanent resident (non-LPR).
- For LPRs: You must have been a green card holder for at least five years and have lived in the U.S. continuously for at least seven years after securing legal status.
- For non-LPRs: You must have lived in the U.S. continuously for at least ten years before applying and have maintained good moral character.
In all cases, you must not have any serious criminal conviction, like an aggravated felony. Non-LPRs also need to show that their deportation would cause exceptional and extremely unusual hardship to their spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
U.S. law also has special rules for applicants who have experienced physical or emotional abuse by a spouse, parent, or fiancée who is a U.S. citizen spouse or lawful permanent resident. They only need to prove that they have lived in the country for at least three years before applying and have been in good moral standing.
What documents do you need to prepare?
When filing your application, you need to provide the following:
- Proof of residence: Bank statements, leases, employment records, licenses, and tax payment evidence.
- Proof of good moral character: Police records and affidavits from people who can vouch for your character, like U.S. citizens or your employer.
- Proof of family relationships: Birth records and marriage certificates to show the impact of your deportation on family members.
These documents help build a strong case by providing concrete evidence to support your claims and eligibility.
You have rights – even when faced with deportation
Removal proceedings can be a daunting experience. However, know that you have rights and options.