Miami Immigration Lawyers : Immigration Attorney In Miami :: Deportation Defense | Practice Areas | Cancellation of Removal

Cancellation of Removal

There are two types of cancellation of removal: the first is cancellation of removal for permanent residents and the second is cancellation of removal and adjustment of status for nonpermanent residents. Cancellation of removal for permanent residents is available to an alien who is inadmissible or deportable from the United States if the alien: (1) has been an alien lawfully admitted for permanent residence for not less than five years, (2) has resided in the United States continuously for seven years after having been admitted in any status, and (3) has not been convicted of any aggravated felony.  Cancellation of removal for permanent resident aliens does not specifically require that the alien have been continuously physically present in the United States, nor any specific showing of hardship.  It also does not expressly require any showing of reformation or rehabilitation.  

  
Cancellation of removal and adjustment of status for nonpermanent residents is available to an alien who is inadmissible or deportable from the United States if the alien: (1) has been physically present in the United States for a continuous period of not less than ten years immediately preceding the date of such application; (2) has been a person of good moral character during such period; (3) has not been convicted of a criminal offense or security or terrorist related crime; and (4) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Cancellation of removal for nonpermanent residents has been made much more difficult to obtain under the new law. For instance, “exceptional and extremely unusual” whereas previously it had only been “extreme” hardship.  Congress clearly stated that the alien must provide evidence of harm “substantially beyond that which ordinarily would be expected to result from the alien’s deportation.”  In addition, the hardship must now be suffered by the alien’s US citizen or lawful permanent resident spouse, parent, or child, and can no longer be only the alien’s own hardship.  Furthermore, the new act restricts this form of relief to any alien who has not been a person of good moral character at any time during the relevant period which, according to the immigration position, is at any time during the alien’s stay in the United States. 

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