Immigration laws aren’t just confusing. These laws are complex and it doesn’t help that they seem to be constantly changing. If you’re not a US citizen then staying on top of these laws is a lot more than a suggestion. 

Making a mistake can put your immigration status in jeopardy. You can also risk deportation if you commit certain crimes. If you’re dealing with possible deportation don’t give up hope. You may be able to meet the key elements of a cancellation of removal claim so you can avoid deportation and stay in the United States legally.

What is Cancellation of Removal?

If you’re a lawful permanent resident (LPR) or a non-LPR, you can be slated for deportation for any number of reasons. Maybe you missed a filing deadline and your immigration status is now invalid. You may have made a mistake on a form or worse, committed a crime.

Before we go too further, some crimes are non-negotiable. Meaning, even a top-notch immigration lawyer isn’t going to be able to stop the deportation process. This typically applies to violent crimes committed against either strangers or family members. Drug and firearms offenses also fall into this category. However, if you haven’t committed a crime and are still facing deportation, you may be able to go through what’s known as a cancellation of removal.

This legal process lets you ask an immigration judge to toss the deportation order and let you stay in the United States.

Factors Determining a Cancellation of Removal for a Lawful Permanent Resident

This isn’t a personality test so you can’t just smile at the immigration judge and hope for the best. Being polite and pleasant definitely isn’t going to hurt your cancellation of removal claim, but it’s not going to do much to sway the judge’s ruling.

Immigration judges consider several factors. Some like your criminal history and ties to the community are going to play a bigger role than others in your cancellation of removal claim.

Before your claim even makes it to a courtroom, you must have lived in the US for at least seven years, even if you’re here illegally. The other requirement is a clean criminal record. You can’t have any aggravated felony convictions. If any pop up on your record, you’re probably not eligible for a cancellation of removal. With that being said, here’s what else immigration judges tend to look at:

• Family Ties: The judge will consider the individual’s family ties in the United States, particularly the presence of a U.S. citizen or lawful permanent resident spouse, parent, or child.
• Immigration History: The judge will review the individual’s immigration history, including any prior violations, such as overstays, unauthorized employment, or other immigration-related issues.
• Criminal Record: The judge will examine the individual’s criminal history. While certain offenses may make an individual ineligible for Cancellation of Removal, the judge will consider the nature and severity of the convictions and the individual’s rehabilitation efforts.
• Moral Character: The judge will assess the individual’s moral character, including evidence of good moral character during the relevant period. This usually includes looking for things like criminal conduct, fraud, or other negative behavior that may indicate the applicant’s moral character isn’t the best.
• Contributions to the Community: The judge may consider evidence of the individual’s positive contributions to the community, such as employment history, payment of taxes, volunteer work, or other activities demonstrating integration and positive character.
• Hardship: The judge will evaluate the exceptional and extremely unusual hardship that the individual’s qualifying relatives, such as a U.S. citizen or lawful permanent resident spouse, parent, or child, would suffer if the individual were to be removed from the United States.

Remember, these are the requirements for a lawful permanent resident. If you’re considered a non-lawful permanent resident, you’re requirements are going to be a little different.

Requirements For a Non-Lawful Permanent Resident Cancellation of Removal

You should still have some legal rights, even if you’re in the United States illegally. Instead of living in the US for seven years, it jumps up to ten. If you can’t show you’ve been living in the US continuously for at least a decade, you may run into problems with your cancellation of removal claim. If you have any criminal convictions on your record, there’s a pretty good chance your deportation is going through.

The immigration judge is going to review your moral character and the guidelines aren’t always clear. Even immigration law is a tad vague when it describes moral character. Essentially, you should be okay with this requirement, as long as you can show you’re contributing to your community. Things like holding a job, paying taxes, and obeying the law tend to go a long way toward convincing a judge to let you stay in the US.

Here’s a look at what immigration judges tend to look at when they’re reviewing an applicant’s moral character:

• Criminal History
• Immigration Violations
• Honesty and Integrity
• Community Involvement
• Financial Responsibility

If you can also show your potential deportation will cause immediate hardships for your spouse, children, or other family dependents, it can help support your cancellation of removal claim.

What You Need For the Cancellation of Removal Process

Your court date is all set and the relevant forms are filled out and submitted to the immigration judge. So what’s left to bring to your immigration hearing? The judge is going to ask for a ton of proof. This typically means dragging a bunch of documents into court.

If you have a green card, birth certificate, and/or passport then bring the ID along. You’re probably going to need to supply some proof of your identity. Marriage and birth certificates may also be required especially to prove hardship. Any work and tax records can help support your moral character. Testimony from co-workers, employers, friends, and family can also help.

Something you don’t want to walk into the courtroom without is an experienced immigration attorney. Your lawyer can help argue your case and present evidence to the judge.