Cancellation of Removal

Process of cancelling the removal of a foreign national and initiating family immigration for people who are inadmissible or deportable from the United States.

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Qualifications

• Must already be in Immigration Court proceedings.
• Ten years continuous physical presence in the United States prior to the issuance of the Notice to Appear (NTA) referring the foreign national to Immigration Court AND good moral character AND a US citizen or legal permanent resident spouse, parent or child who would suffer exceptional and unusual hardship if the foreign national were deported.
• OR Three years continuous physical presence prior to issuance of NTA AND good moral character AND you experienced battery or extreme cruelty by a U.S. citizen or legal permanent resident spouse, child, or parent AND your removal would cause extreme hardship to you, your children or your parents

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Timeline

• Average processing time: 1 to 3 years for preliminary approval by Immigration Judge, plus two years for green card to become available.