Cancellation Of Removal

Cancellation of removal is a form of relief in removal (deportation) proceedings. There are two types of "cancellation," one for existing permanent residents and one for other aliens (non-permanent residents). The former exists for green card holders who are in removal proceedings usually due to a criminal conviction; the latter exists for "undocumented aliens" or "overstays" who have resided in the USA for a great period of time. If granted cancellation of removal, the alien will either have their prior green card restored or will qualify for a new green card (if an undocumented alien).

Information For Lawful Permanent Residents

Regarding cancellation for lawful permanent residents, section 240A(a) of the Immigration Act (which is the section applicable to your case) requires you prove to the immigration judge at a minimum that you:

  1. Have been an alien lawfully admitted for permanent residence for not less than five years

  2. Have resided in the United States continuously for seven years after having been admitted in any status

  3. Have not been convicted of any aggravated felony

  4. Have been rehabilitated

  5. Deserve the favorable discretion of the immigration judge

Depending upon the seriousness of your conviction, you may also have to establish "outstanding and unusual countervailing equities" in the USA.

Information For Undocumented Aliens

Cancellation for undocumented aliens/overstays under section 240A(b) of the Immigration Act (which is the section applicable to your case) requires you prove to the immigration judge at a minimum that:

  1. You have been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of this application; and, that any departure in excess of 90 days or aggregate of departures equaling 180 days or more during the 10-year period will break the physical presence and disqualify the alien

  2. You have been a person of good moral character during this period of time

  3. You have not been convicted of any crimes involving moral turpitude

  4. Your deportation would result in exceptional and extremely unusual hardship to your spouse, parent or child who is either a U.S. citizen or permanent resident

  5. You deserve favorable discretion of the immigration court.

Answering The Most Important Questions For You

Being deported from the United States is more and more of a problem for immigrants. With changing laws, and uncertainty, you want an attorney with decades of experience who can help you achieve your goals.

The law office of Mark Citrin, P.A., has extensive experience positively representing countless clients in removal proceedings seeking relief in the form of cancellation of removal. These are complicated matters that utter the necessity that aliens be properly prepared. Contact us at our office in Miami by calling 305-482-3922 or using this online form. We have a multilingual staff capable of speaking to you in English, Russian, French and Creole.