Living in the United States without lawful immigration status for many years does not automatically provide a path to legal residency. However, certain undocumented individuals who are placed in removal proceedings may be able to seek a form of relief known as cancellation of removal.
Cancellation of removal can potentially allow an eligible nonpermanent resident to avoid removal and obtain lawful permanent resident status. But simply living in the United States for a long time isn’t enough to qualify for this relief.
What Is Cancellation of Removal?
Cancellation of removal is a form of relief that may be available to certain people facing removal from the United States. Eligibility is highly fact-specific, and applicants generally must satisfy several legal requirements.
For certain nonpermanent residents, those requirements can include demonstrating at least 10 years of continuous physical presence in the United States, good moral character during the required period, and no disqualifying criminal convictions.
There is also another major requirement: proving that removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
Who Counts as a Qualifying Relative?
For this type of cancellation of removal, a qualifying relative generally must be the applicant’s U.S. citizen or lawful permanent resident spouse, parent, or child.
The hardship requirement focuses on the impact that removal would have on the qualifying relative, not simply the difficulties the undocumented individual would experience after leaving the United States.
That distinction can make cancellation cases particularly challenging.
What Can Be Relevant to Hardship?
No single circumstance automatically establishes the required level of hardship to qualify for cancelation of removal. Depending on the case, relevant factors could involve a qualifying relative’s health, age, education, family circumstances, financial situation, or other significant needs.
Documentation can therefore become extremely important. Medical records, financial information, educational records, and evidence concerning family circumstances may help explain the consequences of removal.
Does Being in the United States for 10 Years Guarantee Eligibility?
The 10-year requirement for cancelation of removal is only one part of the analysis, and immigration rules concerning continuous physical presence can be complicated.
Criminal history, prior immigration proceedings, departures from the United States, and other circumstances can also affect eligibility. Even someone who appears to meet the basic requirements should have their complete immigration history reviewed.
Understand Your Options Before Removal Proceedings Advance
Cancellation of removal can offer important relief, but it’s not available simply because someone has built a life in the United States over many years.
If you or a family member is facing removal after living in the United States long term, consider speaking with the experienced immigration attorneys at Jensen Bagnato P.C. about eligibility, potential hardship evidence, and any other forms of relief that may be available.