Florence Immigrant and Refugee Rights Project
Cancellation of Removal for Non-Permanent Residents
You are currently detained and in removal proceedings because you don’t have permission
from the Bureau of Immigration and Customs Enforcement (BICE) to be in the United
States legally. Immigration is seeking to remove you because it is against the law to live in
the United States without permission, in violation of immigration laws. Also, if you have
committed any crimes or violated any laws in the US, Immigration may also be trying to
remove you to your country of origin for those crimes or violations.
To be able to stay in the United States and avoid your removal or deportation, you have to
ask the Immigration Judge for a special pardon. If you win your case, you will get legal
status (papers to live in the U.S. legally such as a green card) and also be forgiven for the
crimes you might have committed.
You might be able to ask for Cancellation of Removal if you meet the following 4
1. You must prove that you have lived in the United States for at least ten
years or more and
2. that you have not been convicted of certain offenses and that you can show
good moral character and
3. you must show that your spouse, children or parents who live in the United
States are legal permanent residents or US citizens and
4. you can prove that at least one of your relatives (spouse, children, parents)
will suffer severely if you are removed
The pardon for individuals who meet the four requirements is called “Cancellation of
Removal for Certain nonpermanent residents.” It is up to the judge to decide whether you
qualify for this pardon and whether you deserve it or not.
Do you qualify for this form of Cancellation of Removal?
To be able to ask for this form of relief, you must meet these requirements.
1. have been physically present in the U.S. continuously for at least 10 years;
How long have you been living in the U.S.? ______________
2. be able to show that you had “good moral character” for those 10 years
Whether you have “good moral character” or not is decided by the Immigration
Judge. The Judge will look at your criminal history and decide whether your crimes
automatically disqualify you from showing good moral character.
What crimes have you been convicted of?
3. If the Judge finds that your convictions don’t disqualify you from showing good
moral character, you must present proof of your good behavior in the US to the
Judge and Immigration. This might include school and rehabilitation certificates
and letters of support from family and friends.
4. Also, you must show that your deportation would cause exceptional and
extremely unusual hardship to your wife, child, or parent who is a lawful
permanent resident (LPR) or U.S. citizen
How would the lives of your immediate family members change if you are
removed or deported from the U.S.?
Do your immediate family members suffer from any physical or mental
In what ways do each of your family members depend on you? (financially,
Created by the Florence Immigrant and Refugee Rights Project, Inc.
The Florence Project grants permission for the copying of this document, as is, for personal use or for free
distribution to the BICE, to individuals in BICE custody, or to non-profit entities that assist immigration detainees.