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Residency Through Cancellation of Removal

Residency Through Cancellation of Removal

Cancellation of removal for certain non-lawful permanent residents is an application which can bestow lawful permanent residency. This application is sometimes called colloquially as "la ley de los diez años" (the ten year law).

This application can only be made in removal proceedings. It is perhaps one of the most difficult applications to prove. In other words, it is difficult to convince an Immigration judge to grant this application.

Eligibility is generally not difficult to establish, however, establishing the burden of proof by clear and convincing evidence is another matter. To meet the burden of proof for this application, one must establish physical presence in the United States for at least 10 years. The applicant must also establish good moral character which means at a minimum no criminal convictions that cause inadmissibility or removability. The applicant must also demonstrate that his or her removal from the United States will result in exceptional and extremely unusual hardship to a spouse, parent, child under the age of 21 who is a lawful permanent resident or United States citizen.

Establishing this last requirement is particularly difficult. At first glance, it may appear that any qualifying family member will suffer exceptional and extremely unusual hardship just based based on the shear emotional trauma of being separated from a family member. Unfortunately, case law has held that this type of suffering is not enough to establish the "hardship" requirement of this application. The suffering has to be well beyond the normal consequences of being deported from the United States. As a result, cases where the qualifying relatives suffer from serious health issues are generally successful. The level of suffering should be carefully examined and reviewed.

Many people may be eligible for this application. However, not everyone will be able to meet the high hardship standard. Each case should be evaluated with an eye toward establishing the exceptional and extremely unusual hardship requirement. The question that should always be asked in a case like this is, "In what way will the qualifying relatives be affected if their loved one is deported."

Please contact Miami immigration lawyer Antonio Revilla at (305) 838-2323 if you would like more information on this important area of immigration law. Our Miami immigration lawyers are available 24/7 for all of your immigration needs.

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