When you hear of Cancellation of Removal, or the ‘10-year green card’ as it’s sometimes called, reference is being made to a form of relief from removal called Cancellation of Removal for Non-Permanent Residents. You can only be granted this relief if you are in removal proceedings before an Immigration Judge. Being in removal proceedings is a serious matter, as a denial of relief can lead to your deportation. This must be taken into consideration when deciding whether this form of relief is appropriate for your situation.

To be eligible for Cancellation of Removal, an applicant must show that:

• You have been continuously present in the U.S. for at least ten years
• You are a person of good moral character during that time period
• You do not have any convictions that make you inadmissible or deportable
• Your Lawful Permanent Resident or U.S. citizen spouse, parent or child would suffer exceptional and extremely unusual hardship if you were to be deported.

Exceptional and extremely unusual hardship is the highest standard in immigration law. Common hardships caused by a loved one’s deportation will not be enough to receive a grant of this type of relief. Things such as relocating to a country suffering from poverty or violence alone will not meet the standard. The reality is that only a limited category of cases can meet this burden.

If you have an upcoming hearing in Immigration Court and do not already have a green card, Cancellation of Removal might protect you from deportation. If you think you might be eligible for this form or relief, or have further questions about it, please contact Transparent Justice to help you with your immigration process.