Cancellation of Removal


Some people are offering to put in applications for people who have been in the country for ten years without qualifying such offer. What most people who are interested in this do not understand is that a cancellation of removal, which is what this is, is only available to people who are in deportation proceedings. This means that it is only available to people who are served with a Notice to Appear before the immigration judge and who are charged and removable from the U.S. In real terms this means that for people who are not picked up, charged and detained, that they have to be willing to turn themselves in to the INS. So the first step for those who are not detained is to turn themselves in.

Do not fall prey to unscrupulous lawyers and application fillers. And do not apply for cancellation of removal just to get a work permit. People are under the false impression that just because they have received a work permit, they have won their cases; they might likely be deported before the work permit expires if unable to show hardship.

Please Note there are no derivative relief. Each person has to qualify under their own rights, meaning that your spouse might be qualified but if you are not qualified you will not obtain a cancellation of removal.

How Should I Make my Decision on whether to Apply?

If you are detained the decision for cancellation of removal is an easier one since If you are eligible for Cancellation and decide not to apply now:
  1. You give up your permanent residence if you were a green card holder.
  2. You give up the chance to apply for Cancellation forever if you are eligible.
  3. You will not be allowed to immigrate to the U.S. for at least 10 years unless you qualify for a waiver.  You run the risk of not being able to even visit the U.S. legally for many years, if ever.  

If you are not detained and you are seeking cancellation of removal you should think very hard about this. This cancellation is discretionary if you file for it and if it is denied you will be deported. You need to think about your life and your family and how your decision is bound to affect them. Consider what the long-term benefits would be to you and your family if you win and are allowed to remain in the U.S. legally versus what they would be if you are denied the waiver.  This is quite a serious step and one that people really need to understand as being deported is much more serious than being undocumented. For instance if someone is deported and came back to the US unannounced, and were caught they risk serving prison time up to 20 years depending on their criminal records.

What is Cancellation of Removal for Green Card Holders?

Under immigration law, people who are not citizens can be removed from the U.S. if they commit certain crimes or acts.  However, depending on the crime or act, they might qualify to apply for a pardon or waiver of this removal order, which is a “Cancellation of Removal for Certain Permanent Residents”.  

Cancellation of removal is at the discretion of the Attorney General and thus not mandatory. A judge or the BIA has to decide whether you meet the requirements for cancellation and whether you deserve this chance.  It is important to know that there are steps necessary to qualify for cancellation of removal.

To qualify you must:
  1. be detained or be in some removal proceedings
  2. have been a green card holder for five years
  3. Prior to receiving a Notice to Appear before the Judge, NTA you have to have continuously resided in the U.S. for the past seven years
  4. not have an aggravated felony
  5. Not previously have received this waiver or similar waiver from a judge or the BIA

What is Cancellation of Removal for People without Green Card?

To qualify you must:

  1. be detained or be in some removal proceedings
  2. Have a qualifying relative, be it a parent, spouse or child who is a citizen or green card holder and show proof through birth record, marriage certificate or death certificate etc…
  3. Prior to receiving a NTA, have continuously resided in the U.S. for the past ten years
  4. Have good moral character
  5. Not previously have received this waiver or similar waiver from a judge or the BIA

What is Cancellation of Removal for People under Violence against Women Act, VAWA or other such Abuse?

To qualify you must:

  1. be detained or be in some removal proceedings
  2. Be the victim of a qualifying relative, be it a parent, spouse or child who is a citizen or green card holder
  3. Prior to receiving a NTA, have continuously resided in the U.S. for the past three years
  4. Have good moral character
  5. Not previously have received this waiver or similar waiver from a judge or the BIA

HOW DO I SHOW CONTINUOUS RESIDENCE?

The burden of proving eligibility for cancellation of removal is on you. Thus, you have to show continuous residence. Note that brief departures do not break the continuous residence. Under two weeks absences are almost never controversial but if 90 days or more have passed, it will break the residence requirement. To Show residence you can show:

  1. People who have been in the military for two years do not need to show continuous residence
  2. Bills (gas, electric, cable, phone...)
  3. Employment records such as pay stubs, affidavits from employer stating the nature of you duty, the salary and the duration of work
  4. receipts
  5. Lease Agreements, deeds
  6. passport or I-94 or flight coupon in your name
  7. income tax returns
  8. bank statements or credit card statements
  9. school records, degrees, licenses obtained
  10. birth records, church record
  11. letters or envelopes of letters received

HOW DO I SHOW GOOD MORAL CHARACTER FOR NON GREEN CARD HOLDERS AND ABUSED PERSONS?

Exhibiting bad moral character can involve:
  1. failure to file income taxes
  2. committing certain crimes such as aggravated felonies, or crimes involving moral turpitude such as perjury, theft, fraud, prostitution, smuggling, severe gambling offenses, giving false testimony for obtaining immigration benefits
  3. being a habitual drunkard
  4. being involved in heavy use of drugs or trafficking
  5. using false documents
  6. being deported and coming back without proper authorization
  7. being involved in domestic violence
  8. being detained for more than 180 days while accumulating the years of residency
  9. failure to register with DHS
  10. helping someone enter the US illegally

HOW DO I SHOW HARDSHIP CHARACTER FOR GREEN CARD HOLDERS AND ABUSED PERSONS?

The proof for those who are green card holders or those who are abused or from El Salvador, Guatemala or the Former USSR are a lot more relaxed than for those who are non holders of a green card. Showing some hardship is sufficient.

HOW DO I SHOW HARDSHIP CHARACTER FOR GREEN CARD HOLDERS AND ABUSED PERSONS?

To show hardship for non green card holders is very tough and this is the reason why people who are not detained have to think twice before using cancellation of removal to obtain papers. The hardship has to be

How Should I Make my Decision on whether to Apply?

If you are detained the decision for cancellation of removal is an easier one since If you are eligible for Cancellation and decide not to apply now:
  1. You give up your permanent residence if you were a green card holder.
  2. You give up the chance to apply for Cancellation forever if you are eligible.
  3. You will not be allowed to immigrate to the U.S. for at least 10 years unless you qualify for a waiver.  You run the risk of not being able to even visit the U.S. legally for many years, if ever.  

If you are not detained and you are seeking cancellation of removal you should think very hard about this. This cancellation is discretionary if you file for it and if it is denied you will be deported. You need to think about your life and your family and how your decision is bound to affect them. Consider what the long-term benefits would be to you and your family if you win and are allowed to remain in the U.S. legally versus what they would be if you are denied the waiver.  This is quite a serious step and one that people really need to understand as being deported is much more serious than being undocumented. For instance if someone is deported and came back to the US unannounced, and were caught they risk serving prison time up to 20 years depending on their criminal records.

What is Cancellation of Removal for Green Card Holders?

Under immigration law, people who are not citizens can be removed from the U.S. if they commit certain crimes or acts.  However, depending on the crime or act, they might qualify to apply for a pardon or waiver of this removal order, which is a “Cancellation of Removal for Certain Permanent Residents”.  

Cancellation of removal is at the discretion of the Attorney General and thus not mandatory. A judge or the BIA has to decide whether you meet the requirements for cancellation and whether you deserve this chance.  It is important to know that there are steps necessary to qualify for cancellation of removal.

To qualify you must:
  1. be detained or be in some removal proceedings
  2. have been a green card holder for five years
  3. Prior to receiving a Notice to Appear before the Judge, NTA you have to have continuously resided in the U.S. for the past seven years
  4. not have an aggravated felony
  5. Not previously have received this waiver or similar waiver from a judge or the BIA

What is Cancellation of Removal for People without Green Card?

To qualify you must:

  1. be detained or be in some removal proceedings
  2. Have a qualifying relative, be it a parent, spouse or child who is a citizen or green card holder and show proof through birth record, marriage certificate or death certificate etc…
  3. Prior to receiving a NTA, have continuously resided in the U.S. for the past ten years
  4. Have good moral character
  5. Not previously have received this waiver or similar waiver from a judge or the BIA

What is Cancellation of Removal for People under Violence against Women Act, VAWA or other such Abuse?

To qualify you must:
6.be detained or be in some removal proceedings
7.Be the victim of a qualifying relative, be it a parent, spouse or child who is a citizen or green card holder
8.Prior to receiving a NTA, have continuously resided in the U.S. for the past three years
9.Have good moral character
10.Not previously have received this waiver or similar waiver from a judge or the BIA

HOW DO I SHOW CONTINUOUS RESIDENCE?

The burden of proving eligibility for cancellation of removal is on you. Thus, you have to show continuous residence. Note that brief departures do not break the continuous residence. Under two weeks absences are almost never controversial but if 90 days or more have passed, it will break the residence requirement. To Show residence you can show:

  1. People who have been in the military for two years do not need to show continuous residence
  2. Bills (gas, electric, cable, phone...)
  3. Employment records such as pay stubs, affidavits from employer stating the nature of you duty, the salary and the duration of work
  4. receipts
  5. Lease Agreements, deeds
  6. passport or I-94 or flight coupon in your name
  7. income tax returns
  8. bank statements or credit card statements
  9. school records, degrees, licenses obtained
  10. birth records, church record
  11. letters or envelopes of letters received

HOW DO I SHOW GOOD MORAL CHARACTER FOR NON GREEN CARD HOLDERS AND ABUSED PERSONS?

Exhibiting bad moral character can involve:
  1. failure to file income taxes
  2. committing certain crimes such as aggravated felonies, or crimes involving moral turpitude such as perjury, theft, fraud, prostitution, smuggling, severe gambling offences, giving false testimony for obtaining immigration benefits
  3. being a habitual drunkard
  4. being involved in heavy use of drugs or trafficking
  5. using false documents
  6. being deported and coming back without proper authorization
  7. being involved in domestic violence
  8. being detained for more than 180 days while accumulating the years of residency
  9. failure to register with DHS
  10. helping someone enter the US illegally

HOW DO I SHOW HARDSHIP CHARACTER FOR GREEN CARD HOLDERS AND ABUSED PERSONS?

The proof for those who are green card holders or those who are abused or from El Salvador, Guatemala or the Former USSR are a lot more relaxed than for those who are non holders of a green card. Showing some hardship is sufficient.

HOW DO I SHOW HARDSHIP CHARACTER FOR GREEN CARD HOLDERS AND ABUSED PERSONS?

To show hardship for non green card holders is very tough and this is the reason why people who are not detained have to think twice before using cancellation of removal to obtain papers. The hardship has to be
  1. The hardship has to be extraordinary and extremely unusual

  2. The burden is on the applicant to show such hardship

  3. The Court will consider many factors such as:

    1. the family separation

    2. the age of the US citizen parent, or child (especially when they are very young or very old)

    3. the medical problems of the USC person(s), poor health or medical problems can show hardship convincingly

    4. if a child, whether they have special needs in school

    5. whether if there are children they speak, read or write the home country language for ease of adaptation back to the home country

    6. the standard of living in the home country and how they affect the USC parent, child or spouse

    7. the community ties of the removal applicant, their involvement in churches, mosque, charity, their community)

    8. the length of time they have resided in the US

    9. Their level of education and whether they have not abused the system by being on welfare etc…

    10. whether the bulk of the person’s family is in the US or in their home country

    11. whether the person has been timely filing their tax returns

    12. the kind of proof of good moral character the person show

What do I need to do to Apply for Cancellation?

  1. Fill out your application
  2. Get two passport pictures
  3. Have ready the $100 filing fee along with the $80 filing fee
  4. Fill out a G-325 A
Get documentation from family, friends and employers to support why you should be given this second chance to stay in the U.S.


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