To be eligible for cancellation of removal, a person must demonstrate:
- 10 years of continuous physical presence in the U.S.;
- Good moral character during that period of time;
- No disqualifying criminal offenses; and
- Exceptional and extremely unusual hardship to a U.S. Citizen or Lawful Permanent Resident spouse, parent or child.
Getting a deportation cancellation is possible if the following requirements are met:
- The immigrant has been a lawful permanent resident for five or more years;
- The immigrant has lived in he United State for at least seven years; and
- The immigrant has not been convicted of an aggravated felony.
There are a different set of requirements for deportation cancellation:
- The immigrant must have resided in the U.S. for ten or more years;
- The immigrant has not been convicted of a deportable offense;
- The immigrant can demonstrate that his or her removal from the country would result in extreme hardship to family members.
Grouped into two main categories: immediate relatives and other close family members. Immediate relatives of United States citizens are given special preferential treatment in that there are no limits on the amount of immediate relatives that may immigrate in the immediate relative category and, as a result, there are no backlogs in the immediate relative category.
- Spouses of U.S. Citizens;
- Children of U.S. Citizens, if the child is unmarried and under 21; or
- Parents of U.S. Citizens, if the child has attained the age of 21.