There’s actually a legal defense called Cancellation of Removal. This can only be requested before an immigration judge once you are already in deportation proceedings. What are the requirements?
To qualify for this defense, you must meet the following criteria:
- Physical Presence: You must have lived in the United States continuously for at least 10 years.
- Good Moral Character: You must not have a serious criminal record.
- Qualified Family Member: You must have a spouse, parent, or child under 21 who is a U.S. citizen or lawful permanent resident.
- Extreme Hardship: You must demonstrate that your deportation would cause extreme and unusual hardship to that qualified family member.
- Clean Record: You must not be inadmissible for specific criminal or national security reasons.
- How the process works Since this is a defense, you cannot apply for this benefit directly.
There must be a case pending in Immigration Court. Your attorney will file the petition for Cancellation of Removal and Adjustment of Status and must present solid evidence of your 10 years of presence and your family member’s extreme hardship.
