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Cancellation of removal

An individual residing in South Carolina who might face removal from the country may wonder if there are options for having that removal cancelled. The U.S. Attorney General may allow for removal to be cancelled in certain cases based on provisions listed in the Immigration and Nationality Act. In addition to the cancellation of removal proceedings, the act may allow for an adjustment of status in such cases.

An individual who is considered deportable or inadmissible may have their removal case considered for cancellation if they have been legally residing in the country as a permanent resident for at least five years or have resided in the country for seven continuous years after admission under any status. Such an individual must not have been convicted in connection with any type of aggravated felony. Some non-permanent residents may be considered for cancellation of removal if they have been in the U.S. for a minimum of 10 continuous years while maintaining good moral character and not being involved in certain types of offenses. In this type of case, it must be established that removal would create an extreme hardship for a citizen or lawful resident who is the child or spouse of the individual in question.

In pending removal cases involving battered children or spouses of a U.S. citizen or legal resident of the U.S., removal might be canceled. The individual seeking cancellation of removal in such a case must have a record of good moral character and must have resided continuously in the U.S. for a minimum of three years prior to the application for cancellation of removal being filed.

In such cases, it may be important to provide documentation of legal status for the period in question, including copies of immigrant visas. It may be helpful to work with a lawyer to organize supporting documentation related to how removal might cause a hardship.

Source: USCIS, "Laws", November 17, 2014

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