Cancellation of removal is a form of relief available to some people facing deportation. It allows a person to stay in the United States and apply for permanent residency, but only if they meet certain requirements.
People going through immigration court in Texas often ask if this option could help them. Learning more about the requirements will help you build a strong case for a cancellation of removal.
Your residency type affects the cancellation of removal process
There are two main types of cancellation of removal. One applies to permanent residents, and the other applies to people who are not permanent residents. Each type has different rules and qualifying factors.
A permanent resident must show that they have lived in the United States for at least seven years after receiving any residency status. They must also have held a green card for at least five years. They must not have any criminal convictions. If they meet these rules, the immigration judge will decide whether to grant relief by looking at their family ties, work history and community involvement.
For people who are not permanent residents, the rules are harsher. They must show that they have lived in the United States for at least ten years. They must have good moral character. They must not have certain criminal convictions. Most importantly, they must show that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child.
Cancellation of removal depends on the judge’s discretion
The judge has full control over the outcome. Even if a person qualifies, the judge can still deny cancellation of removal. Each case depends on its unique facts. A person will need strong evidence such as medical records, school reports, tax documents or statements from family members to support their case.
People facing deportation in Texas immigration courts must act quickly. This type of relief only works if requested during removal proceedings. Cancellation of removal gives some people a second chance, but it takes time, effort and strong evidence to succeed. Understanding the rules and gathering the right documents is key to the process.
