Cancellation of removal is a legal process that allows a non-citizen, or alien, who is facing deportation to adjust their status to that of a lawful permanent resident in the United States. This process provides an opportunity for the individual to remain in the U.S. legally. An application for cancellation of removal is typically submitted during immigration court proceedings.
This term is primarily used in immigration law. It is relevant during removal proceedings when an alien is at risk of being deported. The cancellation of removal is a critical option for those who have established significant ties to the U.S., such as family connections or long-term residency. Users can manage their applications using legal templates provided by platforms like US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A person who has lived in the U.S. for over ten years, has a U.S. citizen spouse, and children, and has no criminal record may apply for cancellation of removal to avoid deportation.
Example 2: An individual who has been in the U.S. since childhood and is facing removal may qualify for this benefit if their removal would cause significant hardship to their family. (hypothetical example)
The primary statute governing cancellation of removal is found in the Immigration and Nationality Act (INA), specifically Section 240A. This section outlines the eligibility requirements and application process for cancellation of removal.
| Term | Definition | Key Differences |
|---|---|---|
| Adjustment of Status | The process of changing from a non-immigrant to a lawful permanent resident. | Cancellation of removal specifically applies to those facing deportation, while adjustment of status can apply to various situations. |
| Asylum | A form of protection allowing individuals to stay in the U.S. due to fear of persecution in their home country. | Asylum is based on fear of persecution, whereas cancellation of removal is based on residency and hardship factors. |
If you are facing deportation and believe you may qualify for cancellation of removal, consider the following steps:
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| Attribute | Details |
|---|---|
| Eligibility Duration | Ten years of continuous physical presence |
| Legal Status | Non-citizen facing deportation |
| Hardship Standard | Exceptional and extremely unusual hardship to family |
Individuals who have been in the U.S. for at least ten years, have good moral character, and can demonstrate hardship to their family if removed.