CANCELLATION
Proving exceptional and extremely unusual hardship
Certain immigrants who are placed in removal proceedings may be eligible to apply for a stay of their removal and eventual legal permanent resident status if they meet certain criteria, including demonstrating that their departure from the United States would cause a U.S. Citizen or Legal Permanent Resident immediate relative to suffer exceptional and extremely unusual hardship.
Cancellation of Removal is a defense from removal. As such, one can only apply for Cancellation if the person is in removal proceedings in Immigration Court.
In order to be eligible to apply for Cancellation, the applicant has had to have lived at least 10 years in the United States continuously—although not everyone who have entered over 10 years ago can apply.
The applicant also may not have any criminal bars and must show that he or she is a person of good moral character.
The applicant must also have a parent, child or spouse who will suffer exceptional and extremely unusual hardship. These family members, also known as qualifying relatives, must either be U.S. Citizens or Legal Permanent Residents (green-card holders).
By far, the hardest part of winning a Cancellation of Removal case is proving to the judge that the hardship that the qualifying relative will suffer qualifies as exceptional and extremely unusual. This standard is a high standard to be met in immigration court and it is where excellency in advocacy and good preparation for trial can make a difference.