A “cancellation of removal” is a type of discretionary benefit for qualifying non-permanent and permanent U.S. residents. It enables the resident’s immigration status to be adjusted or modified from deportable to legally admitted for permanent residency. As it’s a discretionary relief, you need to apply for it during your removal hearing prior to a judge.

For Non-Permanent U.S. Residents

The qualifying requirements for permanent and non-permanent U.S. residents differ. If you’re a non-permanent U.S. resident, green card attorneys in Utah say that you could qualify for cancellation of removal if you:

  • Have maintained consistently physical or have resided in the U.S. for 10 years minimum.
  • Have been an individual of good moral standing through all those years. Your chances of being granted a removal are extremely slim to none if:
    1. You’ve been convicted of murder, aggravated felony, controlled substance possession (in the U.S. or in any other another country) unless the offense was possession of marijuana not exceeding 30 grams, two or more offenses related to gambling, or served time in prison for more than 180 days
    2. You’ve engaged in human trafficking
    3. You’ve been involved in prostitution
    4. You’ve conducted fraudulent activities to receive benefits under immigration laws
    5. You’re a habitual drug user and drunkard
  • Haven’t been convicted of any offense that will make you deportable, such as robbery kidnapping, and other aggravated felony offenses.
  • Show that your deportation would lead to an immensely and exceptionally unusual hardship to your immediate family — your child, spouse, or parent — who are legal permanent U.S. residents or citizens.

For Legal Permanent U.S. Residents

If you’re a legal permanent resident, you could qualify for cancellation of removal if you:

  • Have been a legal permanent resident in the U.S. for 5 years at least
  • Have continuously resided in the U.S. for seven years, at least following being admitted legally
  • Have not been convicted of any aggravated felony offense, such as murder, rape, and firearms, human, or drug trafficking

Do note that these qualifying requirements also come with other specific conditions. As you probably know, the current immigration laws are being reformed by the current administration and might change without prior notice. That said, you need legal counsel that could evaluate your qualifications efficiently to figure out the ideal options for your specific case.