3 Grounds For Cancellation Of Deportation In The U.S.
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:
Cancellation of Removal for Certain Permanent Residents (LPRs) - INA § 240A(a):
This form of relief is for Green Card holders. It's often called Cancellation for Green Card Holders. To qualify, LPRs must meet all strict criteria. Lawful Permanent Resident status for at least 5 years is needed. You must have held your Green Card for five years. Continuous residence in the U.S. for at least 7 years after legal entry is also key. This seven-year period must follow your LPR admission. Even brief trips outside the U.S. can break this continuous residence. Crucially, the LPR must have no aggravated felony convictions. This is a very broad category of serious crimes. It covers many offenses under U.S. immigration law. Even if all these requirements are met, relief isn't automatic. Cancellation of Removal is a discretionary decision. An Immigration Judge (IJ) will weigh all factors. They balance the positive and negative aspects of your case. Positive factors can include strong family ties in the U.S. A history of lawful employment is also a plus. Community involvement and rehabilitation are important. Evidence of hardship to your U.S. citizen or LPR family if you are deported is considered. This hardship can affect your spouse, parents, or children. Negative factors can lead to denial. The seriousness of your deportable offense matters. Your criminal history is a significant negative factor. Violations of U.S. immigration laws can also count against you. The IJ has the final say in granting this relief.
Cancellation of Removal for Certain Non-Permanent Residents (Non-LPRs) - INA § 240A(b):
This form of Cancellation is more commonly sought. It applies to individuals without a Green Card. The eligibility rules here are even more stringent. Continuous physical presence in the U.S. for at least 10 years is required. This ten-year period must be unbroken. It must be immediately before your Cancellation application. Very brief, innocent absences might not break this. However, any significant departure likely will. During those 10 years, you must show good moral character (GMC). You must have maintained GMC throughout. Certain criminal convictions can bar a finding of GMC. Specific actions can also disqualify you. You cannot have been convicted of certain crimes. This includes offenses listed in INA § 212(a)(2). These relate to criminal grounds of inadmissibility. There are very limited exceptions for minor offenses. This includes crimes involving moral turpitude. Controlled substance violations are also included. Multiple criminal convictions can also bar you. You also cannot have offenses under INA § 237(a)(2). These relate to criminal grounds of deportability. Again, there are limited exceptions. This includes aggravated felonies. Certain other criminal offenses are also included. Finally, offenses under INA § 237(a)(3) bar you. These involve failure to register and document falsification. The deportation of a non-LPR must cause exceptional hardship. This hardship must be extremely unusual. It must affect your U.S. citizen or LPR spouse, parent, or child. This is a very high legal standard. It is much greater than the "extreme hardship" standard used elsewhere. Economic hardship alone is usually not enough. The hardship must be unique and particularly severe. Similar to LPR Cancellation, this relief is discretionary. The IJ will balance the positive and negative factors. Your ties to the U.S. will be weighed. Your immigration history will also be considered. The IJ's decision is crucial.
Cancellation of Removal under the Violence Against Women Act (VAWA) - INA § 240A(b)(2):
This ground offers specific protections. It's for non-permanent residents abused in the U.S. The abuser must be a U.S. citizen or LPR spouse or parent. You must show you were battered or faced extreme cruelty. This abuse must have been by your qualifying relative. You must have shown good moral character (GMC). This GMC must have been during the period of the abuse. Continuous physical presence in the U.S. for at least 3 years is needed. This three-year period must be immediately before your application. Brief absences might not break this. Your deportation must result in extreme hardship. This hardship can be to you. It can also be to your U.S. citizen, LPR, or qualified alien child or parent. The hardship standard here is lower. It is less strict than for non-LPR cancellation. Finally, your claim must have a meritorious basis. The IJ must find your case worthy of relief. This relief is also discretionary.
Important Considerations:
Maintaining continuous presence is vital. Even brief US departures can break it. GMC's definition is complex. Criminal activity affects it. Hardship standards are very high for non-LPRs. Criminal history greatly impacts eligibility. Certain convictions are absolute bars. All Cancellation forms are discretionary. Judges balance all case factors. Read more here: Department of Justice. If you or someone you know faces deportation, act fast. Seek immediate legal advice from a qualified attorney. An experienced immigration attorney in San Bernardino, CA, can assess your case. They can determine eligibility for these grounds. They can guide you through the complex legal process. Don't delay seeking help. Your future in the U.S. may depend on it.
Conclusion:
Cancellation of Removal offers a way to avoid deportation. But some 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.
