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Cancellation of Removal: A Remedy for Immediate Relatives of U.S. Citizens or Lawful Permanent Residents in Removal Proceedings with Deep and Enduring Ties in the U.S. – PART I: Relief for non-LPRs

PART I: Relief for Non-LPRs

What is Cancellation of Removal?

Cancellation of removal is an immigration remedy available to immediate relatives of U.S. Citizens and Legal Permanent Residents (LPRs or Green Card Holders) with good moral character and are able to establish that their removal would result in exceptional and extremely unusual hardship to their U.S. Citizen or Green Card Holder immediate relative; or to LPRs with deportable criminal convictions who can show that they have been rehabilitated and that there is a strong reason why they should not be removed from the United States.

There are two different options available depending on whether the applicant is undocumented/out-of-status (Non-LPR Cancellation of Removal) or a green card holder (LPR Cancellation of Removal).

Click here to view Part II: Relief for LPRs.

Non-LPR Cancellation of Removal

To be eligible for this discretionary relief, the applicant must show at least ten years of continuous physical presence in the United States prior to being placed in removal proceedings. A previous deportation or voluntary departure order will disqualify an applicant, unless 10 years or more have already passed.

The applicant must also show that she has been a person of good moral character for the ten-year period and has no disqualifying criminal convictions, including crimes involving moral turpitude (CIMT), multiple criminal convictions, aggravated felony, controlled substances offense, firearm offenses, crimes of domestic violence and others.

Lastly, the applicant must show that her qualifying relative would suffer exceptional and extremely unusual hardship, which is hardship that is substantially beyond that which would ordinarily result from deportation, and that the case warrants a favorable exercise of discretion.

What type of proof do I need?

The applicant must submit documentation to show maintenance of continuous presence in the United States for the ten-year period. This could include: bank statements, leases, licenses, receipts, letters, birth and civil records, church records, school records, employment records and evidence of tax payments.

The applicant must also submit documentation to prove good moral character for the ten-year period. This could include: police/FBI records (no hit/no record response), affidavits, school/employment letter, awards/certificates/diplomas, charitable contributions, and others.

Lastly, the application must include official documentation to establish the qualifying relationship with U.S. Citizen or Legal Permanent Resident relative, such as: birth certificates, marriage certificates, proof of divorce or termination of marriage, and others; as well as immigration documents such as the Notice to Appear and others issued by the agency.

Click here for the full application packet from the U.S. Department of Justice.

If you believe you qualify for this type of relief, it is important that you seek the assistance of an immigration attorney who can evaluate your eligibility for this immigration remedy. Due to the discretionary nature of this application, it is vital that you submit a strong application that will demonstrate that your case warrants a favorable exercise of discretion.


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