What is “cancellation of removal”?
Cancellation of removal is an immigration relief that helps immigrants facing deportation to stay in the United States. This applies to those with legal status (i.e. legal permanent residents), as well as those with no legal status (also known as an “illegal” immigrant). Cancellation of removal is only available for immigrants who have lived in the United States for a certain amount of time and cannot be deported for a criminal or national security reason. In the state of Virginia, an immigrant is eligible for Cancellation of Removal if they have: • Been living in the U.S. for at least 10 years • Established good moral character • Have not been convicted of any aggravated felony • Have not been convicted of more than two serious crimes • Demonstrate that their removal would cause “exceptional and extremely unusual hardship” to their immediate family members who are U.S. citizens or legal permanent residents If the alien is granted cancellation of removal, the court will order that the deportations proceedings will be permanently terminated. This is different from a stay of deportation, where the deportation is only temporarily stayed. A Cancellation of Removal order will also give the immigrant a path to lawful permanent residency. It is important to note that in order to be eligible for Cancellation of Removal, the alien must also not have any orders of deportation or exclusion pending. This means that they have not been previously ordered to leave the United States but have yet to do so.
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