In this Cancellation of Removal video, Carl Shusterman, a former INS Attorney (1976-82) whose law firm has assisted thousands of persons across the U.S. in becoming permanent residents for nearly 30 years, explains the basics of applying for cancellation of removal for a non-permanent resident.
Persons in removal proceedings before an Immigration Judge may apply for “Cancellation of Removal” if they have been physically present in the US for 10 years prior to being placed in removal proceedings, they are persons of good moral character, and their deportation would result in “exceptional and extremely unusual hardship” to their spouses, parents or children who are either US citizens or permanent residents.
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The Board of Immigration Appeals (BIA) has published the following decisions defining what constitutes exceptional and extreme unusual hardship in cancellation of removal cases:
In addition, the law prevents Immigration Judges from granting cancellation of removal to more than 4,000 persons per fiscal year (October 1 – September 30). Once a person applies for cancellation of removal, he/she may also obtain an Employment Authorization Document (EAD).
We hope that our Cancellation of Removal video answers many of your questions about the process.
Cancellation of Removal Video – Additional Resources
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.