Cancellation of removal
Both non-permanent residents and permanent residents may bs subject to removal. Below are the requirements to have that removal cancelled by the immigration judge.
- Physical presence in the U.S. for at least 10 years
- Criminal offense or time outside of the U.S. may stop time from accruing
- A person of "good moral character"
- Not convicted of a crime involving moral turpitude, controlled substance offense, or aggravated felony
- Removal would result in "exceptional and extremely unusual hardship" to U.S. Citizen or Permanent Resident spouse or child
- Permanent Resident for 5 years
- 7 years continuous residence in U.S. after admission in any status
- Criminal offense may stop time from accruing
- Not convicted of an aggravated-felony
- Strong family ties in U.S.
- A long residency in the U.S.
- Evidence of hardship to family and self if deported
- Served in Armed Forces
- Solid history of employment
- Property owner or individual with ties to business
- Evidence of service to the community
- Proof of rehabilitation
- Evidence of good character
There maybe other factors relvant to your specific case so it is always good to consult with an attorney if you are in removal proceedings.