Immigration: Relief from Removal Proceedings

There are two (2) types of removal proceedings for people who are not legal permanent residents:

• The first type of Cancellation of Removal is for certain people who have been in the United States for at least ten years, even illegally. This type of Cancellation of Removal is termed the"Ten Year Cancellation."
• The other type of Cancellation of Removal is for certain people who have lived in the United States at least three years, even illegally. This type of Cancellation of Removal is termed the "Three Year Cancellation."

The first step to determining whether removal proceedings apply is to identify the charging documents filed by the Department of Homeland Security:

• If the document is labeled “Notice to Appear,” (Form I-862) you are in removal proceedings.

• If the document is labeled “Order to Show Cause,” (Form I-221) you are in deportation proceedings.

• If the document is numbered at the bottom, “Form I-110” and “Form I-122” you are in exclusion proceedings.

To qualify for 10-year cancellation, the following requirement must be met:

1. You have lived in the U.S. for at least 10 years in a row;
2. You have been a person of "good moral character" for at least those 10 years;
3. You have not been convicted of certain types of crimes (explained below);
4. Your removal from the U.S. would be exceptionally and extremely hard on your U.S. citizen or legal permanent resident husband, wife, parent, or unmarried child/children under age 21;