What is cancellation of removal?
The process called cancellation of removal allows an individual who is in the U.S. without status to adjust his status to that of permanent resident by meeting certain requirements. This process can be used by individuals who are without status who want to become permanent residents and by individuals who are already permanent residents who want to maintain their permanent residents when they are convicted of a crime. This article will focus on individuals without legal status in the U.S.


What are the requirements to apply for cancellation of removal?
This defense was previously called suspension of deportation. It was changed by the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).

An individual must prove the following before his application for cancellation of removal can be granted:

• Ten years of continuous physical presence in the U.S. (Note: The 10 years of continuous physical presence is deemed to end when the alien is served with a Notice to Appear (NTA) or when the alien commits an offense that renders him or her inadmissible or removable, which ever date is earlier.
• Good moral character during the ten years.
• Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child. (Note: not hardship to the applicant).

How is the process to file an application for cancellation of removal started?
The process to file an application for cancellation of removal is commenced by requesting INS to served the applicant with a Notice to Appear (NTA) and to transfer his or her case to the immigration court. The application for cancellation of removal is only file with the immigration court.

What is the immigration form used to request cancellation of removal with the immigration court?
The applicant must file form EOIR-42B during removal proceedings with the immigration court.

What is the filing fee for an application for cancellation of removal?
The filing fees for this application is $100.00. This amount must be paid at the local INS office and the application must then be filed with the immigration court.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.