Cancellation of Removal Attorneys In Kansas City, Missouri

Cancellation of Removal (“cancellation”) is a form of relief that is only available to certain individuals facing removal proceedings. If granted, it can either grant the applicant permanent residency or allow them to retain their existing permanent residency, depending on the specific type of cancellation granted. However, in addition to being in removal proceedings, there are several legal criteria that must be met in order to qualify for this form of relief.

It is important to understand that, even if you meet the legal requirements for one of the cancellation of removal options outlined below, the immigration judge has the discretion to deny your application if they determine you do not deserve this relief. Therefore, it is essential to provide strong evidence of rehabilitation where applicable, ties to and positive contributions to the community, and your overall good character, in addition to meeting the legal criteria.

The three types of cancellation of removal are addressed briefly below:

1. Cancellation of Removal for Certain Permanent Residents

• If you are a lawful permanent resident (“LPR”) and have been placed in removal proceedings—typically due to a significant criminal history—you may be eligible for cancellation of removal if you meet the following criteria: (a) you have been an LPR for at least 5 years; (b) you have resided in the U.S. continuously for at least 7 years after being admitted in any status; and (c) you have not been convicted of an aggravated felony, as defined by immigration law.
• If you apply for this relief and the immigration judge grants it, you will be allowed to retain your lawful permanent resident status rather than face deportation.

     2. Cancellation of Removal for Certain Non-Permanent Residents

• If you are not a lawful permanent resident, you may still be eligible for cancellation of removal—regardless of your immigration status in the U.S.—if you meet the following requirements: (a) you have been physically present in the U.S. for at least 10 years prior to applying for this relief; (b) you have demonstrated good moral character for the last 10 years; (c) you have not been convicted of certain disqualifying criminal offenses; and (d) you can show that you have U.S. citizen or LPR spouse, parent(s), and/or child(ren), and that these family members would suffer exceptional and extremely unusual hardship if you were deported.
• If the immigration judge grants your application for this relief, you will be granted lawful permanent resident status, allowing you to remain in the U.S. instead of being deported.

      3. “Special Rule” Cancellation of Removal for Battered Spouses or Children

• If you are not a lawful permanent resident, you may also be eligible for “special rule” cancellation of removal—regardless of your current immigration status in the U.S.—if you meet the following criteria: (a) you have been subjected to battery or extreme cruelty by a spouse or parent who is or was a U.S. Citizen (USC) or LPR, or you are the parent of a child of a USC or LPR who was subjected to such abuse by that parent; or you have been abused by a USC or LPR whom you intended to marry, but your marriage is not valid due to your spouse’s bigamy; (b) you have been physically present in the U.S. for at least 3 years prior to applying for this relief; (c) you have maintained good moral character for the past 3 years; (d) you have not been convicted of certain disqualifying criminal offenses; and (e) your deportation would result in extreme hardship to you, your child, or your parent.

If the immigration judge grants your application, you will be awarded lawful permanent resident status, allowing you to remain in the U.S. instead of facing deportation.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.