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Cancellation of Removal

A person who has maintained a continuous physical presence in the United States for ten years or more may be eligible to have a removal (deportation) proceeding cancelled under the US.immigration law. To qualify for this benefit, the applicant must establish in court before an Immigration Judge that he or she has maintained a continuous physical presence in the United States for ten years or more, and have been a person of good moral character during this period. Also, the applicant must show that he or she has not been convicted of any serious crimes, and that removal would result in exceptional and extremely unusual hardship to a US Citizen or green card spouse, parent or child.

In addition, the applicant may prove that he or she has been battered or subjected to extreme cruelty by a US citizen spouse or parent, or the applicant is the parent of a child of a US citizen or green card holder, and this child has been battered or subjected to extreme cruelty in the United States by the other parent.  In this case, the continuous residency period is three years, and the applicant must have been a person of good moral character and not have committed any serious crimes during this period. The applicant must establish that removal would result in extreme hardship to her or the child, and that a favorable exercise of discretion by the judge on the application is warranted.  For example, if either the applicant or child suffers from a serious illness or is physically or mentally challenged, and this condition is frowned upon in the home country, then there is a good chance that the application for cancellation of removal will be approved, and the applicant remains in the United States and is granted permanent residence.

Documentary evidence must be submitted with the application as follows -

1. Proofs of at least 10 years (or 3 years in the case of a battered spouse) of continuous residence in the United States. These can be copies of bank statements, leases, deeds, utility bills, employment records, birth records, church records, school records, tax returns etc.

2. Police report.

3. Proof of good moral character, such as a pastor's letter, three witness letters attesting to good moral character, including an employer's letter.   The signatures on these letters must be notarized.

4. Medical reports and hospital records for the applicant or child.

5. Birth certificates of children. 

6. Two passport photographs.

7. Evidence that the home country would not be a suitable place to bring the children from an educational or medical point of view, and would cause extreme hardship to the children.

8. Marriage or death certificate of the US citizen parent.

9. A letter from a psychiatrist, if applicable.