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Qualifying for removal cancellation

Regardless of your long-term plans related to your potential naturalization in the U.S., you no doubt want to ensure that your residency status remains valid. Yet such status can often come under question (for any number of reasons), making the possibility of your removal from the country very real. 

Many living in California come to us here at Sadri Law, P.C. facing the potential of removal convinced that they have no legal recourse available to them. If you find yourself in the same situation, you may also share in the same despair. You likely will find it comforting to know, then, that there are certain criteria you may meet that could suspend any removal proceedings initiated against you. 

Understanding cancellation criteria

According to information shared by the U.S. Department of Justice, you may qualify for a suspension (or even a permanent cancellation) of your removal if you meet the following criteria: 

  • You can demonstrate your constant physical presence in the U.S. for more than 10 years 
  • You show yourself to be a person of good moral character 
  • You can show that you have not violated any portion of the Immigration and Nationality Act 
  • You can show that your removal would cause an extreme hardship for either your spouse, child or parent (provided that party is a U.S. citizen or lawful permanent resident) 

Meeting the second standard

if your case does not meet the aforementioned criteria, there still is a chance you could qualify for a removal cancellation. The secondary criteria requires that you show a constant physical presence in the U.S for three years, and that you have suffered battery or extreme cruelty at the hands of your citizen or lawful permanent resident spouse or parent. 

You can learn more about challenging your removal from the U.S. by continuing to explore our site.