For thousands of immigrants in the United States, a deportation proceeding represents a threat to their stability and that of their families. However, there are legal mechanisms that can provide a solution. One of these is Cancellation of Removal for Non-Permanent Residents, an immigration benefit that allows certain immigrants to avoid expulsion and adjust their status.

What does Cancellation of Removal entail?

This is a legal remedy available only to individuals who are already facing removal proceedings in immigration court. Unlike other immigration benefits, it cannot be applied for independently. To qualify, applicants must meet specific criteria that demonstrate strong ties to the U.S. and the severe hardship that their deportation would cause to their qualifying family members.

What Are the Requirements to Qualify for This Benefit?

• Continuous residence in the U.S. for at least 10 years.
• Good moral character: The applicant must not have a criminal record that would disqualify their case.
• Exceptional and extremely unusual hardship to a qualifying relative: The deportation must cause severe harm to a spouse, child, or parent who is a U.S. citizen or lawful permanent resident.

Since this immigration relief is at the discretion of the judge, it is crucial to present strong evidence to support the application. Some important documents include:

• Proof of continuous residence in the U.S. for more than 10 years, such as bills, leases, or employment history.
• Letters from employers, community leaders, or religious figures attesting to the applicant’s good moral character.
• Medical, educational, or financial documents that demonstrate the adverse impact that deportation would have on the family.

A Complex Process, But Possible:
The final decision rests with the immigration judge, who will evaluate each case individually. If the application is approved, the applicant may remain legally in the country and, in some cases, even begin the path toward permanent residency.

Given the complexity of the process, guidance from an immigration attorney is essential to present a strong legal strategy and increase the chances of success.

For more information on this process, watch our video explaining it here: