Cancellation Of Removal

Cancellation of removal is the process by which the Attorney General may cancel an alien or permanent resident's deportation order. When an alien applies for cancellation they may also apply for an adjustment of status. Each fiscal year the Attorney General may cancel the removal of up to 4,000 individuals. This number cap applies not only to the complete cancellation of removal and to suspensions of deportation. The burden of proof is on the alien to prove that they meet all the statutory requirements for cancellation and adjustment.

To qualify for cancellation of removal as a permanent resident the person must have been lawfully admitted for permanent resident for not less than five years, have resided in the United States continuously for seven years after having been admitted to the U.S., and have not been convicted of any aggravated felony. To satisfy the requirements for cancellation of removal as a nonpermanent resident the person must have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application, have been a person of good moral character during that period, and have not been convicted of any criminal offense outlined throughout the Immigration and Nationality Act. Additionally, the nonpermanent resident must establish that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the U.S. or an alien lawfully admitted for permanent residence.

Section 240A of the INA also sets out a special rule for the cancellation of removal for battered spouses or children. The alien must have been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen or lawful permanent resident. To qualify for cancellation of removal under this section the person must be physically present in the U.S. for three years; however, an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence if the alien demonstrates a connection between the absence and the battering or extreme cruelty. The alien must also demonstrate that they are a person of good moral character. If the Attorney General finds that an act or conviction that would negate the requirement of good moral character was connected to the person's having been battered or subjected to extreme cruelty the Attorney General may determine that a waiver is warranted.

Contact our Miami-Dade County Immigration Procedure Attorneys

Contact our Miami employment based visa attorneys at 305-755-4780, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.

Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County. Our Miami, Florida law office is open Monday through Friday from 8:00 am until 5:00 pm and weekends and evenings by appointment.

Consultations are available in person at our downtown Miami law office and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.