Aliens Eligible for Cancellation of Removal

In order to be eligible to have a removal cancelled under section 240A(b) of the Immigration and Nationality Act (INA), you must establish in a hearing before an Immigration Judge that:

 

A:

1. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for 10 years or more, and you have been a person of good moral character as defined in section 101(f) of the INA
2. No convictions offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and

212(a)(2) criminal offenses:

• (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
• (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
• (ii) Exception-Clause (i)(I) shall not apply to an alien who committed only one crime if-
• the crime was committed when the alien was under 18 years of age, and the crime was committed more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
• the maximum penalty possible for the crime of which the alien was convicted did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months

273(a)(3)

• (iii) Aggravated felony- any time after admission is deportable.
• (iv) High Speed Flight- any alien who is convicted of a violation of section 758 of title 18, United States Code, (relating to high speed flight from an immigration checkpoint) is deportable.
• (v) FAILURE TO REGISTER AS A SEX OFFENDER

3. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

 

OR B:

1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for 3 years or more and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA; (see above where I explained what these sections are)
4. a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or
5. You are a child whose removal would result in extreme hardship to you or your parent; and
6. You are deserving of a favorable exercise of discretion on your application.

 

NOTE: If you have served on active duty in the Armed Forces of the United States for at least 24 months, you do not have to meet the requirements of continuous physical presence in the United States. You must, however, have been in the United States when you entered the Armed Forces. If you are no longer in the Armed Forces, you must have been separated under honorable conditions.