Cancellation of removal is a process that can only begin when an individual faces deportation. During deportation proceedings, you can potentially apply for cancellation of removal. While many people ask about cancellation of removal, it is very difficult to achieve and generally applies to a small number of people.
There are three categories of removal:
Lawful Permanent Residents
- You can prove residency for at least five years.
- You have lived in the U.S. for seven years (after admittance).
- You have not been convicted of an aggravated felony.
Immigrants Living in the U.S. Without Legal Documentation
- You have lived in the U.S. for 10 years.
- You have exhibited good moral character during those 10 years.
- Your spouse, child, or parent (who is either a citizen or lawful permanent resident) will suffer exceptional or extremely unusual hardship if you are deported.
And lastly, immigrant spouses or children who have been battered or subjected to extreme cruelty by a citizen or lawful permanent resident spouse or parent are eligible.
If you are a green card-holder or are married to a citizen or another green cardholder, and you have suffered extreme cruelty, you may want to keep or gain legal status. However, if you are undocumented, how can you apply for non-lawful permanent resident cancellation of removal?
One option, depending on the case, may be to apply for asylum. An immigration attorney can help you determine a best next step.