Cancellation of Removal for Nonpermanent Residents

You can submit leases, utility bills, school records, church records, medical records, employment records, tax returns, pay stubs, and other letters or documents that list your name, address, and a date or range of dates on them.

If you have a hard time finding these documents, then you can also submit letters from family members, friends, and members of your church or community. The letters should mention your name, how the writer of the letter knows you, and how long they’ve known you to be in the United States.

This is a complicated legal phrase that can be difficult to prove. The hardship that families experience following the deportation of a family member—including financial hardships and the emotional impact of being separated—won’t be enough. You must show that the hardship that your family will face is going to be worse than what a family usually experiences when they are separated. You will need to explain your unique circumstances to the judge. If your children will not be able to get lawful status in your home country and have to stay in the United States, it will be important to discuss how hard it will be for them without you there. 

You can submit medical records, school records, or letters from teachers and other school officials, letters from your family members, letters from community members, and letters of support from a counselor, psychologist, or therapist. You will also need to testify in court about the hardship that your family would face if you were deported. Your family members and the other people who provide letters for you may also testify in court.

Certain crimes may make you ineligible for cancellation of removal. If you have a criminal record, talk to an attorney before applying for cancellation of removal.

If you still qualify, you will need to provide documents from your criminal case showing the charge and the end result (i.e., dismissed, convicted). You should also present letters of support from friends, family, and other community members to show that you are a good person. It is important that these letters include your name, how the writer of the letter knows you and for how long, and reasons why you are a good person.

If you do not have a criminal record, you may show this by presenting a clearance letter from your local police department. Talk to an attorney before requesting the clearance letter, as different police departments handle these requests in different ways.

There is a special form of cancellation of removal for survivors of abuse called “cancellation of removal under the special rule for battered spouses and children” or “VAWA cancellation.”

Similarly to regular cancellation of removal, you must be in removal proceedings (deportation proceedings) in Immigration Court to apply for it.

To apply for VAWA cancellation, you must prove:

1. You have been battered or subjected to extreme cruelty by your U.S. citizen or LPR spouse or parent, or your child was battered or subjected to extreme cruelty by their U.S. citizen or LPR parent;
2. You have lived in the U.S. continuously for at least the last three years;
3. You, your parent, or your child would suffer extreme hardship if you were removed;
4. You are a person of good moral character; and
5. You have not committed certain crimes.

You will need to submit documentation of your spouse or parent’s or your child’s parent’s immigration status, such as a copy of their birth certificate or passport if they are a U.S. citizen, or a copy of their LPR card or other immigration documents if they are an LPR. Sometimes, abusers keep these documents from you. If this happens to you, talk to an attorney about other ways to prove the abusive person’s legal status in the United States.

You will also need to submit documentation proving your relationship to them, such as a marriage certificate or birth certificate.

Finally, you will need to submit documentation of the battery or extreme cruelty—two legal terms which basically mean physical and psychological abuse—that you or your child suffered. This can include police reports or other documents from a criminal case or a CPS case if you reported the abuse to law enforcement; a letter from a domestic violence shelter or a counselor if you sought those services; or medical records if you sought treatment for injuries resulting from the abuse. You may also get letters of support from family members or friends who witnessed the abuse or supported you when you experienced the abuse. You can also prove the abuse through your testimony, or the testimony of others, in court.

Similarly to regular cancellation of removal, you can submit leases, utility bills, school records, church records, medical records, employment records, tax returns, pay stubs, and other letters or documents that list your name, address, and a date or time period on them.

If you have a hard time finding these documents, then you can also submit letters from family members, friends, and members of your church or community. The letters should mention your name, how the writer of the letter knows you, and how long they’ve known you to be in the United States.

The standard is a little easier than regular cancellation of removal, but you still have to show why it would be difficult for you and/or your family members if you were deported. You will need to explain your unique circumstances to the judge. Different from regular cancellation of removal, you do not need to have U.S. citizen or LPR family members. You can still prove hardship to yourself.

You can submit documents such as medical records, school records, letters from your family members, and letters of support from a counselor or therapist. You will also need to testify in court about the hardship that you or your family would face if you were deported. You can also have family members testify in court.

Similar to regular cancellation of removal, certain crimes may make you ineligible for cancellation of removal. If you have a criminal record, talk to an attorney before applying for cancellation of removal.

If you still qualify, you will need to provide documents from your criminal case to show the charge and the end result (i.e., dismissed, convicted) of your case. You should also present letters of support from friends, family, and community members to show that you are a good person. It is important that these letters include your name, how the writer of the letter knows you and for how long, and reasons why you are a good person.

If you do not have a criminal record, you may show this by presenting a clearance letter from your local police department. Again, it is important to talk to an attorney about ways to get the clearance letter you need from the police in your area.

8 U.S. Code 1229b