When you have been living in California for years and are now facing removal proceedings, you may feel anxious and unnerved. You may feel especially so if you gave birth to children in the United States who now live alongside you. If you meet certain criteria, you may be eligible for Cancellation of Removal.
According to Cornell Law School, if you are living in the United States as a permanent or nonpermanent resident and are now involved in removal proceedings, you may be able to apply for Cancellation of Removal. If your case is successful, you should be able to either keep the green card you already have or secure one that allows you to remain in the United States. Eligibility requirements for Cancellation of Removal differ based on whether you are in the country as a permanent or nonpermanent resident.
Eligibility requirements for permanent residents
To be eligible for Cancellation of Removal as a permanent resident, you must have been one for at least five years. You also must have spent at least seven years living in the United States. Furthermore, you must not have any convictions for aggravated felonies.
Eligibility requirements for nonpermanent residents
The eligibility requirements are a bit more intensive if you are seeking Cancellation of Removal as a nonpermanent resident. In this case, you must prove you have been in the United States for at least 10 years and demonstrated good moral character during that time. You also must show how your removal would result in serious hardship to U.S. citizens, such as your American-born children. Having certain criminal convictions may make you ineligible for Cancellation of Removal as a nonpermanent resident.