!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

cancellation of removal

Read a random definition: digital certificate

A quick definition of cancellation of removal:

Definition: Cancellation of removal is a way for people who are not allowed to stay in the United States to ask a judge to let them stay. If they meet certain requirements, they can change their status from someone who can be deported to someone who can stay in the United States permanently. The requirements are different for people who are already permanent residents and those who are not. The judge can decide whether to let them stay or not based on how long they have lived in the United States, their family and community ties, and other things.

A more thorough explanation:

Cancellation of removal is a legal process that allows certain immigrants who are facing deportation to apply to stay in the United States. This process is available to both permanent residents and non-permanent residents who meet certain requirements.

The eligibility requirements for cancellation of removal differ depending on whether the immigrant is a permanent resident or a non-permanent resident.

  • Permanent residents must have been a lawful permanent resident for at least five years, continuously resided in the United States for at least seven years, and not been convicted of an aggravated felony.
  • Non-permanent residents must have been physically present in the United States for a continuous period of 10 years, been of good moral character during the 10-year period, not been convicted of select criminal offenses, and removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members.

The immigration judge has discretion to grant or deny cancellation of removal applications. In making this decision, the judge may consider factors such as the length of residence in the United States, family and community ties in the United States, and community service work.

An example of cancellation of removal would be a non-permanent resident who has been living in the United States for 10 years and has a US citizen child who has a serious medical condition that requires ongoing treatment. If this person were to be deported, it would cause exceptional and extremely unusual hardship to their US citizen child and family, and they may be eligible for cancellation of removal.

cancellation | caning

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.