Cancellation of Removal
More commonly referred to as the “Ten Years” green card, Cancellation of Removal is so much more than that. In addition to the requirement that the applicant have ten years of continuous physical presence in the United States, it also requires, amongst other things:
- no crimes from a special list of allowable and non-allowable crimes
- you must have a qualified relative who will suffer extreme and unusual hardship if you are deported
- and finally, you must be in deportation proceedings in order to be eligible to apply
Because of the requirement that one must already be in deportation proceedings, this form of relief is critical to deportation defense. At the same time, it is very tricky to show the required hardship. Moreover, there is a limit on how many of these are allowed each year.