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Cancellation of removal is a limited form of relief for certain permanent residents and non-permanent residents who meet specific criteria.

1.Cancellation of removal for certain non-lawful residents: is available to certain non-permanent residents who are in removal proceedings before an immigration judge. To qualify the permanent resident does not have to have resided in the U.S. continuously for at least ten years. The person must have good moral character and would have to establish that removed if it would cause exceptional and extremely unusual hardship to his or her permanent resident or U.S. citizen immediate family member such as spouse, parent or child. Once the immigration judge reviews the file, the judge may choose to cancel the removal proceedings and grant the alien permanent residence. The applicant must have a lawful permanent resident or U.S. citizen spouse, parent or child under the age of 21 who will suffer exceptional and extremely unusual hardship if the applicant is deported. Must have sufficient proof of continuous physical presence in the United States for at least 10 years before the stop time rule is triggered;Individual absences of up to 90 days are allowed, as long as the total is no more than 180 days. The applicant may not have any criminal convictions that would render him or her inadmissible or deportable. Finally, the applicant cannot have any other activity which, when reviewing the record as a whole, would tend to show that he or she lacked good moral character during the 10 years prior to the hearing.

2.Cancellation of Removal for Certain Permanent Residents: This form of relief is for those who are permanent residents and meet certain requirements. First, the applicant must have been a lawful permanent resident for 5 years at the time of the application. Second, you must have continuous residence in the United States for at least 7 years after being admitted to any State and before the stop time rule is triggered (see below). Third, you cannot have a conviction for an aggravated felony. It is important to note that this type of cancellation of removal does not require a showing of any level of hardship to either the applicant or his or her family. However, more serious offenses require more significant actions to justify cancellation. Immigration Judges will consider length of residence in the United States, family and community ties here, community service work, involvement in religious clubs or organizations, language ability in the country of removal, proposed work history, tax filings and especially acceptance of responsibility for the crime and proof of timely rehabilitation.

 

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