1. What are the eligibility criteria for Cancellation of Removal?

In order to be eligible for cancellation of removal, an individual must meet the following criteria:

1. Have been a lawful permanent resident for at least five years;
2. Have continuously resided in the United States for seven years after being admitted in any status;
3. Not have been convicted of an aggravated felony; and
4. Demonstrate that their removal would cause exceptional and extremely unusual hardship to their citizen or lawful permanent resident spouse, parent, or child.

2. How long does a person need to be in the U.S. to be eligible for Cancellation of Removal?

To be eligible for Cancellation of Removal, a person must have been physically present in the United States for a continuous period of at least 10 years prior to being placed into removal proceedings.

3. Is there a time limit to apply for Cancellation of Removal?

Yes, there is a time limit to apply for Cancellation of Removal. The application must be filed within certain statutory deadlines, which vary depending on the applicant’s legal status. Generally, an applicant must have been unlawfully present in the United States for a continuous period of more than 10 years prior to the date of filing the application.

4. Is there a specific crime threshold for eligibility for Cancellation of Removal?

Yes, an individual must meet certain criteria to be eligible for Cancellation of Removal. The individual must demonstrate that they have been a legal permanent resident of the United States for at least five years and have had continuous residence in the United States for at least seven years after they were admitted. The individual must also demonstrate that they have not been convicted of any aggravated felony and do not pose a danger to the safety or security of the United States.

5. Are people who entered the country without inspection eligible for Cancellation of Removal?

No. Individuals who have entered the country without inspection are not eligible for cancellation of removal.

6. Are people with criminal convictions eligible for Cancellation of Removal?

Yes, people with criminal convictions may be eligible for Cancellation of Removal under certain circumstances. Generally, the criminal conviction must be at least five years old and must not involve any aggravated felonies or crimes of moral turpitude. Additionally, the individual must meet all of the other eligibility requirements for Cancellation of Removal.

7. Is there an income requirement for eligibility for Cancellation of Removal?

Yes, there is an income requirement for eligibility for Cancellation of Removal. To be eligible, a person must have resided in the United States continuously for at least 10 years prior to the filing of their application and must have a household income that does not exceed 150 percent of the federal poverty guidelines. Additionally, the person must demonstrate that their removal would result in “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident relative.

8. Are immigrants with Temporary Protected Status eligible for Cancellation of Removal?

Yes, immigrants with Temporary Protected Status may be eligible for Cancellation of Removal. To be eligible, they must have been continuously physically present in the United States for a period of at least 10 years, have been a person of good moral character during that time, and not have been convicted of certain specified criminal offenses.

9. Are family members of individuals eligible for Cancellation of Removal?

Yes, family members of individuals who are eligible for Cancellation of Removal are also eligible to apply for relief.

10. Does Cancellation of Removal provide a pathway to citizenship?

No, Cancellation of Removal does not provide a pathway to citizenship. This form of relief is designed to stop the deportation process and allow an individual to remain in the U.S. with lawful permanent resident status, but it does not lead to naturalization.

11. What is the difference between Cancellation of Removal and Deferred Action?

Cancellation of Removal is a form of relief from deportation for certain non-citizens that are facing removal from the United States. Non-citizens must meet certain criteria to be eligible. To be eligible, the non-citizen must have resided in the United States for a continuous period of at least ten years, have moral character, and not have been convicted of certain crimes.

Deferred Action is a discretionary determination to defer removal action against an individual for a certain period of time. It does not provide lawful status or any other immigration benefits. Deferred Action is an administrative action and does not provide a pathway to citizenship.

12. Is there a filing fee associated with applying for Cancellation of Removal?

Yes, there is a filing fee associated with applying for Cancellation of Removal. The current filing fee is $930.00.

13. Are people who have been ordered removed from the U.S. eligible for Cancellation of Removal?

No, those who have been ordered removed from the U.S. are not eligible for Cancellation of Removal.

14. Can people with final orders of deportation be considered for Cancellation of Removal?

Yes, people with final orders of deportation can be considered for Cancellation of Removal. This form of relief is available to certain non-permanent residents who have been living in the US for at least 10 years and meet other requirements. Those with final orders of deportation may also be eligible for other forms of immigration relief, such as asylum or a waiver of inadmissibility.

15. Is employment verification required to be eligible for Cancellation of Removal?

Yes, employment verification is required to be eligible for Cancellation of Removal. In addition to employment verification, applicants must demonstrate that they have been a person of good moral character and have resided in the United States continuously for at least 10 years prior to filing the application.

16. Are people who have been granted asylum eligible for Cancellation of Removal?

Yes, people who have been granted asylum can be eligible for Cancellation of Removal, provided that they meet other eligibility requirements.

17. Does an applicant need to be physically present in the U.S. at the time of filing for Cancellation of Removal?

No, an applicant does not need to be physically present in the United States at the time of filing for Cancellation of Removal. However, they must be physically present in the United States when the decision is made on their application.

18. Are applicants able to appeal a denial of their application for Cancellation of Removal?

Yes, applicants can appeal a denial of their application for Cancellation of Removal. The appeal must be filed with the Board of Immigration Appeals within 30 days of the denial.

19. Do applicants need to submit evidence showing their presence in the U.S.?

Yes, applicants must submit evidence of their presence in the U.S. This can include a passport or visa, a driver’s license, or any other document that proves they have been physically present in the United States for at least one year prior to applying for DACA.

20. Is an English language proficiency test required for eligibility for Cancellation of Removal?

Yes, applicants must demonstrate English language proficiency to be eligible for Cancellation of Removal.