3 Grounds For Cancellation Of Deportation In The U.S.

PublishedJanuary 1, 1970

Here are 3 common grounds for Cancellation of Removal (deportation) in the U.S., keeping in mind that eligibility requirements are strict and vary depending on the specific ground:

1. Cancellation of Removal for Certain Permanent Residents (LPRs) - INA § 240A(a):

This is often referred to as "Cancellation of Removal for Green Card Holders." To be eligible, a Lawful Permanent Resident (Green Card holder) must meet all of the following strict criteria: ● Lawful Permanent Resident Status for at Least 5 Years: The individual must have been admitted to the United States as a lawful permanent resident and held that status for a minimum of five years. ● Continuous Residence in the U.S. for At Least 7 Years After Lawful Admission: This seven-year period of continuous residence must have occurred after their lawful admission as a permanent resident. Brief absences from the U.S. may break this continuity. ● No Aggravated Felony Conviction: The LPR must not have been convicted of any aggravated felony. This is a very broad category of serious crimes under U.S. immigration law. ● Discretionary Relief: Even if all the above requirements are met, Cancellation of Removal is a discretionary form of relief. An Immigration Judge (IJ) will weigh the positive factors in the LPR's case against the negative factors to determine whether to grant relief. Positive factors can include family ties in the U.S., a history of lawful employment, community involvement, rehabilitation, and evidence of hardship to the LPR or their U.S. citizen or LPR family members if they were deported. Negative factors can include the seriousness of the deportable offense, criminal history, and violations of immigration laws.

2. Cancellation of Removal for Certain Non-Permanent Residents (Non-LPRs) - INA § 240A(b):

This is a more commonly sought form of Cancellation of Removal for individuals who are not Green Card holders. The eligibility requirements are even more stringent: ● Continuous Physical Presence in the U.S. for At Least 10 Years: The individual must have been physically present in the United States for a continuous period of at least ten years immediately preceding the date of their application for Cancellation of Removal. Very brief and innocent absences may not break continuity, but any significant departure can. ● Good Moral Character (GMC) During Those 10 Years: The applicant must have maintained good moral character throughout the entire ten-year period. Certain criminal convictions and actions can bar a finding of GMC. ● Not Convicted of Certain Crimes: The individual cannot have been convicted of: ○ Any offense listed in INA § 212(a)(2) (relating to criminal grounds of inadmissibility), with some limited exceptions for minor offenses. This includes crimes involving moral turpitude, controlled substance violations, and multiple criminal convictions. ○ Any offense listed in INA § 237(a)(2) (relating to criminal grounds of deportability), with some limited exceptions. This includes aggravated felonies and certain other criminal offenses. ○ Any offense under INA § 237(a)(3) (relating to failure to register and falsification of documents). ● Exceptional and Extremely Unusual Hardship to a Qualifying Relative: The deportation of the non-LPR must result in exceptional and extremely unusual hardship to their U.S. citizen or Lawful Permanent Resident (Green Card holder) spouse, parent, or child. This is a very high legal standard of hardship, significantly greater than the "extreme hardship" standard used in some other immigration contexts. Economic hardship alone is usually insufficient. The hardship must be unique and particularly severe. ● Discretionary Relief: Similar to Cancellation for LPRs, this relief is also discretionary, and the IJ will balance positive and negative factors.

3. Cancellation of Removal under the Violence Against Women Act (VAWA) - INA § 240A(b)(2):

This ground for Cancellation of Removal provides specific protections for certain non-permanent residents who have been battered or subjected to extreme cruelty in the United States by a U.S. citizen or Lawful Permanent Resident spouse or parent. The requirements include: ● Battered or Subjected to Extreme Cruelty: The applicant must demonstrate that they have been battered or subjected to extreme cruelty in the U.S. by their U.S. citizen or LPR spouse or parent. ● Good Moral Character (GMC) During the Period of Abuse: The applicant must have been a person of good moral character during the period of the abuse. ● Continuous Physical Presence in the U.S. for At Least 3 Years: The applicant must have been physically present in the United States for a continuous period of at least three years immediately preceding the date of application. Brief absences may not break continuity. ● Hardship: The deportation of the applicant must result in extreme hardship to the applicant or their U.S. citizen, LPR, or qualified alien child or parent. The hardship standard here is lower than the "exceptional and extremely unusual hardship" standard for non-LPR cancellation. ● Meritorious Basis for Relief: The applicant must establish that the claim for cancellation of removal merits a favorable exercise of discretion. If you or someone you know is facing deportation and believes they may be eligible for Cancellation of Removal, it is crucial to seek immediate legal advice from a qualified immigration attorney. An experienced attorney can assess the specific facts of the case, determine eligibility for any of these grounds, and provide guidance on the complex legal process.

Conclusion:

Cancellation of Removal offers a way to avoid deportation for some, but strict rules apply regarding legal status, time in the US, good behavior, and no serious crimes. It's a judge's decision, weighing good and bad factors. If facing deportation, seek experienced legal help, like Kaass Law, to explore all options.