1. Who is eligible for cancellation of removal?

This answer depends on the specific type of cancellation of removal you are referring to. There are two types: cancellation of removal for green card holders and cancellation of removal for non-permanent residents.

For cancellation of removal for green card holders, the following criteria must be met:

– The individual must have been a lawful permanent resident (green card holder) for at least 5 years
– The individual must have continuously resided in the United States for at least 7 years after being admitted as a lawful permanent resident
– The individual must not have been convicted of certain criminal offenses
– The individual must demonstrate that their removal would result in exceptional and extremely unusual hardship to their US citizen or permanent resident spouse, parent, or child.

For cancellation of removal for non-permanent residents, the following criteria must be met:

– The individual must have been physically present in the United States for at least 10 years
– The individual must demonstrate good moral character during that time period
– The individual must not be inadmissible or deportable based on certain specified criminal acts or immigration violations
– The individual must demonstrate that their removal would result in exceptional and extremely unusual hardship to their US citizen or permanent resident spouse, parent, or child.

Additionally, individuals who fear persecution if they were to return to their home country may also be eligible for Asylum-based Cancellation of Removal. This type of cancellation requires proof that the individual has been physically present in the United States for at least one year preceding the date they apply and meets other asylum requirements.

2. How do I apply for cancellation of removal?
The application process for cancellation of removal can vary depending on your specific circumstances and which category you are applying under. Generally, you will need to file Form EOIR-42A with supporting evidence demonstrating your eligibility and meeting all necessary requirements. It is recommended to seek guidance from an immigration attorney before submitting any applications to ensure accuracy and completeness.

3. Is there a deadline to apply for cancellation of removal?
There are no specific deadlines for cancellation of removal, but it is important to apply as soon as possible if you believe you may be eligible. Immigration proceedings can move quickly, and it is important to have enough time to gather the necessary evidence and properly prepare your application.

4. How long does the cancellation of removal process take?
The processing time for cancellation of removal cases can vary depending on factors such as backlog, complexity of the case, and any additional requests for evidence or interviews. It is best to speak with an immigration attorney for more information on estimated processing times based on your specific situation.

5. Can I appeal a denial of my cancellation of removal case?
Yes, you may appeal the decision to deny your cancellation of removal case. You must file a Notice of Appeal with the Board of Immigration Appeals within 30 days of the denial decision.

It is recommended to seek guidance from an immigration attorney if your case has been denied in order to understand your options and ensure proper procedures are followed during the appeal process.

2. How long do I have to have lived in the US to be eligible for cancellation of removal?

To be eligible for cancellation of removal, you must have continuously resided in the US for a period of at least 10 years, with at least 7 years of that time being lawful permanent resident status. Additionally, you must have not been convicted of certain crimes or other disqualifying factors during this time.

3. What happens if I am granted cancellation of removal?

A cancellation of removal allows you to remain in the United States, obtain work authorization, and may potentially lead to permanent residence if certain requirements are met. It also eliminates the risk of deportation for the specific reasons outlined in your case.

4. How long does the cancellation of removal process take?

The cancellation of removal process can take several months to several years depending on the backlog of cases and other factors such as the complexity of the case and the evidence presented. In some cases, it may take longer than others. It is best to consult with an experienced immigration attorney to get a better understanding of the timeline for your specific case.

5. What is the difference between cancellation of removal and voluntary departure?

Cancellation of removal and voluntary departure are both forms of relief from deportation, but they have some key differences:

1. Eligibility criteria: Cancellation of removal is available to both lawful permanent residents (green card holders) and non-permanent residents who have been living in the United States for a certain amount of time and meet other specific qualifications. Voluntary departure is only available to non-permanent residents who are not eligible for cancellation of removal.

2. Options after approval: If an individual’s application for cancellation of removal is granted, they will be allowed to stay in the United States as a lawful permanent resident. On the other hand, if an individual’s request for voluntary departure is approved, they must leave the United States within a designated period of time or face harsh consequences.

3. Cost: The cost associated with cancellation of removal is significantly higher than that of voluntary departure. This may include legal fees and filing fees.

4. Immigration court involvement: Cancellation of removal requests are made directly to an immigration judge during deportation proceedings, while voluntary departure requests can be made directly to the Department of Homeland Security without involving the court.

Ultimately, both forms of relief serve as options for individuals facing deportation to remain in or depart from the United States on their own terms.

6. What is the difference between cancellation of removal and deportation?

Cancellation of removal and deportation are both immigration remedies used by the United States government to remove immigrants who have violated immigration laws. The main difference between the two is the eligibility criteria and potential consequences for the immigrant.

Cancellation of removal is a form of relief available to certain non-permanent residents who are facing deportation proceedings in the United States. To be eligible for cancellation of removal, an individual must have been physically present in the U.S. for at least 10 years, have good moral character, and demonstrate that their removal would result in exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child.

On the other hand, deportation refers to the process of removing a foreign national from the United States based on grounds such as criminal convictions, visa violations, or illegal entry into the country. Unlike cancellation of removal, deportation does not require any specific length of time living in the U.S. and hardship to family members is not considered as a factor.

Another key difference is that while cancellation of removal results in an individual being granted lawful permanent resident status (green card), deportation results in being barred from re-entering the U.S. for a period of time.

Overall, cancellation of removal can be seen as a more favorable outcome compared to deportation as it allows an individual to gain legal status in the U.S., while also taking into account their ties to family and community.

7. How can I apply for cancellation of removal?

Cancellation of removal is a type of relief for certain non-citizens who are in deportation proceedings before an immigration judge. To apply for cancellation of removal, you must file Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status, with the immigration court where your case is being heard.

To be eligible for cancellation of removal, you must meet the following requirements:

1. You have been physically present in the United States for at least 10 years.
2. You have good moral character.
3. You have not been convicted of certain crimes.
4. Your removal would result in extreme hardship to a U.S. citizen spouse, parent, or child.

You will also need to provide evidence to support your application, such as documents proving your physical presence in the U.S., character references, and proof of hardship to your family members if you were to be removed from the country.

It is highly recommended that you seek the assistance of an immigration lawyer when applying for cancellation of removal, as the process can be complex and a lawyer can help ensure that your application is properly prepared and presented to the court.

8. What are the grounds for cancellation of removal?

The grounds for cancellation of removal are:

1. Continuous physical presence in the United States for at least 10 years prior to the date of application.

2. Good moral character during this period.

3. No convictions of certain criminal offenses or immigration violations.

4. Exceptional and extremely unusual hardship that would be suffered by the applicant’s U.S. citizen or lawful permanent resident spouse, parent, or child if the applicant were to be removed from the United States.

5. Eligibility for asylum or withholding of removal.

6. Other factors such as family ties in the United States, involvement in community service, and employment history demonstrating positive contributions to society.

Note: The specific criteria may vary slightly depending on whether the individual is a lawful permanent resident (LPR) or non-LPR, and if they are applying for cancellation of removal before an Immigration Judge or before U.S. Citizenship and Immigration Services (USCIS).

9. How much does it cost to apply for cancellation of removal?

The cost to apply for cancellation of removal varies depending on the type of cancellation you are applying for, your location, and the complexity of your case. For example, the current filing fee for cancellation of removal for non-lawful permanent residents is $595, while the fee for lawful permanent residents is $1,745. In addition to these fees, there may be costs associated with attorney fees and other legal expenses. It is important to consult with an immigration attorney to determine the exact cost for your specific situation.

10. What documents do I need to apply for cancellation of removal?

To apply for cancellation of removal, an individual typically needs to provide the following documents:

1. Completed application form: The application form can vary depending on the specific type of cancellation of removal being sought (i.e. for lawful permanent residents or non-permanent residents). Make sure to use the correct form provided by the U.S. Citizenship and Immigration Services (USCIS).

2. Photocopies of immigration documents: This includes copies of your passport, visa, and any other immigration-related documents.

3. Proof of physical presence in the U.S.: You will need to provide evidence that you have been living in the U.S. continuously for a certain period of time (usually 10 years for non-permanent residents and 7 years for lawful permanent residents).

4. Documents showing good moral character: This can include letters from friends, family members, employers, or community members attesting to your good character.

5. Evidence of financial support: You may need to provide proof that you are able to financially support yourself and any dependents if you are granted cancellation of removal.

6. Proof of family ties: If you have immediate family members who are U.S. citizens or lawful permanent residents, you should provide documentation (such as birth certificates or marriage certificates) to show these relationships.

7. Criminal record reports: You will be required to submit a criminal background check from all jurisdictions where you have lived in the U.S., as well as any foreign countries where you have spent more than six months.

8. Documentation related to any prior immigration violations: If you have ever been in removal proceedings before, it is important to provide documentation related to those proceedings.

9. Evidence supporting eligibility requirements: Depending on your specific situation, there may be additional documents needed to support your eligibility for cancellation of removal (i.e. evidence of extreme hardship for non-permanent residents).

10. Passport-style photos: Most applications require two passport-size photos for identification purposes. Be sure to follow the USCIS guidelines for these photos.

11. Is it possible to appeal a denial of a cancellation of removal application?

Yes, it is possible to appeal a denial of a cancellation of removal application. The appeal process varies depending on the type of immigration court that made the decision – either the Executive Office for Immigration Review (EOIR) or the Board of Immigration Appeals (BIA). It is important to consult with an immigration attorney for guidance on appealing a denial.

12. Can I get an attorney to help me with my cancellation of removal application?

Yes, you can hire an attorney to represent you in your cancellation of removal application. It is highly recommended to have an experienced immigration attorney by your side to help you navigate the legal process and ensure that your application is strong and well-presented. An attorney can also provide you with guidance on which documents and evidence to submit, prepare you for the immigration court hearing, and argue on your behalf before the judge.

13. Is it possible to get a stay of deportation while my application for cancellation of removal is pending?

It is possible to request a stay of deportation while your application for cancellation of removal is pending. However, this request is not automatically granted and a judge will decide on the merits of the request. It is important to consult with an immigration attorney for assistance in filing a strong and compelling request for a stay of deportation.

14. Do I need a permit in order to remain in the US while my application for cancellation of removal is pending?

Yes, you will need to apply for a work permit and/or Provisional Unlawful Presence Waiver (I-601A) in order to remain in the US while your application for cancellation of removal is pending. These permits allow you to legally remain in the country while waiting for a decision on your case. It is important to consult with an immigration lawyer to determine which permits are necessary for your specific situation.

15. Can I obtain employment authorization while my application for cancellation of removal is pending?

It is possible to obtain employment authorization while your application for cancellation of removal is pending, but it is not automatic. You will need to file Form I-765, Application for Employment Authorization, along with your cancellation of removal application and pay the required fees. USCIS will review your application and make a decision on your request for employment authorization. If approved, you will receive an Employment Authorization Document (EAD) which allows you to work legally in the United States while your cancellation of removal case is pending.

16. Can I travel outside the US while my application for cancellation of removal is pending?

It is possible to travel outside the US while your application for cancellation of removal is pending, but there are risks involved. If you leave the US without prior authorization from the immigration judge or USCIS, your application may be considered abandoned and your removal proceedings will resume. Additionally, if you have accrued more than 180 days of unlawful presence in the US before leaving, you may trigger a 3 or 10-year bar from re-entering the US. It is recommended that you consult with an immigration attorney before making any travel plans.

17. What are some common reasons for denial of a cancellation of removal application?

1. Failure to meet eligibility requirements: To qualify for cancellation of removal, an applicant must meet certain eligibility requirements, such as having been physically present in the United States for a certain amount of time and having good moral character. If an applicant fails to meet any of these requirements, their application may be denied.

2. Ineligible immigration status: Only individuals in certain immigration categories are eligible to apply for cancellation of removal. For example, individuals with diplomatic immunity or those in lawful permanent resident status are not eligible.

3. Untimely filing: An application for cancellation of removal must be filed within a specific timeframe after receiving a Notice to Appear (NTA) or Notice of Hearing from the immigration court. If an applicant files their application after this deadline, it may be denied.

4. Criminal record: Having a criminal record can make an individual ineligible for cancellation of removal. Certain crimes, such as aggravated felonies, can result in automatic denial of the application.

5. Not meeting continuous physical presence requirement: The law requires that applicants demonstrate continuous physical presence in the United States for at least 10 years before being placed into removal proceedings. Any absences from the U.S., even brief ones, may interrupt this continuous physical presence and result in denial.

6. Not demonstrating exceptional and extremely unusual hardship: To be granted cancellation of removal, an applicant must demonstrate that their deportation would result in exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.

7. Not providing sufficient evidence: An application for cancellation of removal must include supporting documentation and evidence to prove eligibility. If insufficient evidence is provided or if the evidence does not sufficiently prove hardship or other eligibility factors, the application may be denied.

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18. Can I obtain permanent resident status if I am granted cancellation of removal?

If you are granted cancellation of removal, you will be allowed to remain in the United States as a permanent resident. Cancellation of removal is also known as “green card” status. After being granted cancellation of removal, you will receive your green card and have permanent resident status.

19. Can I travel outside the United States if I am granted cancellation of removal?
As a permanent resident, you will have permission to travel outside the United States. However, there may be some restrictions or requirements for your travel, such as obtaining a re-entry permit or advance parole before leaving the country. It is important to consult with an immigration attorney before traveling outside the U.S. if you have been granted cancellation of removal.

20. What if my application for cancellation of removal is denied?
If your application for cancellation of removal is denied, you may be placed in removal proceedings. You may have the option to appeal the decision or seek other forms of relief from deportation. It is important to consult with an experienced immigration attorney if your application for cancellation of removal is denied.

19. Is there a risk that I could be turned down for cancellation of removal even if I meet all the criteria?

Yes, there is always a risk that you could be turned down for cancellation of removal even if you meet all the criteria. The decision to grant cancellation of removal is up to the discretion of the immigration judge, and they may consider various factors such as your criminal history, family ties in the US, and other relevant factors before making a decision. It is important to have strong evidence and arguments in support of your case to increase your chances of being approved.

20. Are there any waivers available that could help me if my application for cancellation of removal is denied?

Yes, there are a few waivers that may be available to you if your application for cancellation of removal is denied. These waivers include:

1. The “extreme and unusual hardship” waiver: This waiver is available to applicants who can demonstrate that their deportation would cause extreme and unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

2. The “policies supporting family unity” waiver: If you can prove that your deportation would have a substantial negative impact on your U.S. citizen or lawful permanent resident spouse, parent, or child, you may be eligible for this waiver.

3. The “inadmissibility” waiver: If you are inadmissible due to certain criminal offenses or immigration violations, you may be able to obtain a waiver of inadmissibility from the Department of Homeland Security.

It is important to consult with an experienced immigration attorney who can evaluate your case and determine which waivers may be applicable to your situation.