There are different types of applications for Cancellation of Removal, each with its own eligibility requirements.
Cancellation of Removal for Certain Permanent Residents
If you are a permanent resident and you have been placed in removal proceedings because of criminal convictions, you may be able to seek Cancellation of Removal to stay in the United States, even after your convictions. This form of relief is an excellent second chance for permanent residents.
In order to qualify, you must:
- Be a permanent resident for at least 5 years;
- Have 7 years of continuous residence in the United States;
- Not be convicted of an “aggravated felony”
Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
If you have no legal immigration status, but you have a U.S. citizen or permanent resident spouse, child, or parent, and have lived in the United States with no criminal problems for 10 years, you may be able to seek Cancellation of Removal to stay in the United States with your family permanently.
In order to qualify, you must:
- Be physically present in the United States for a continuous period of 10 years;
- Be a person of good moral character;
- Not be convicted of serious crimes;
- Establish that your U.S. citizen or permanent resident spouse, child, or parent would suffer “exceptional and extremely unusual hardship” if you were removed from the United States.
Special Rule Cancellation of Removal for Battered Spouse or Child
If you have been placed in removal proceedings and are the victim of abuse or extreme cruelty by a U.S. Citizen or permanent resident spouse, you may apply for Cancellation of Removal which allows you to live in the United States permanently.
You may also be eligible for Cancellation of Removal if your child has been abused by a U.S. Citizen or permanent resident, even if you are not married.
The eligibility requirements for this form of relief are less strict than the other two Cancellation of Removal applications described above. In order to qualify, you must:
- Be a victim of battery or extreme cruelty by a spouse or parent who is a U.S. citizen or permanent resident (or have a child who is the victim of battery or extreme cruelty by a U.S. citizen or permanent resident parent – even if you are not married to that person);
- Be physically present in the United States for a continuous period of 3 years;
- Be a person of good moral character;
- Not be convicted of serious crimes;
- Establish that your removal from the United States would result in “extreme hardship” to you, your child, or your parent.
