A discretionary benefit adjusting a nonresident’s status from that of deportable to one lawfully admitted for permanent residence or stay of
removal. A hearing before an immigration judge, following an application in most circumstances, is necessary for such adjustment. There are several different kinds of outcomes during the removal
proceedings:
- Some individuals convicted of certain criminal offenses may be eligible for Cancellation of Removal. An applicant must prove that he or she has been a lawful permanent resident for at least five
years, has resided in the United States continuously for seven years after a lawful admission, and has not been convicted of an aggravated felony.
- Certain unlawfully present aliens who have lived in the United States for at least ten years and have qualifying family members may be eligible for Cancellation of Removal. An applicant must
prove that he or she was continuously present in the U.S. for at least 10 years prior to the start of deportation proceedings, has been a person of "good moral character" during the ten years, and
has not been convicted of crimes involving moral turpitude. The applicant must also show that deportation would result in exceptional and extremely unusual hardship to a spouse, parent or child who
is a U.S. citizen or lawful permanent resident.
- A VAWA cancellation of removal is a special form of cancellation for victims of physical abuse or extreme cruelty. It is similar to ten-year cancellation but requires only three years of
continuous presence, and has other special exceptions.