What Is Cancellation of Removal, or the "10-Year Rule"?

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What Is Cancellation of Removal, or the "10-Year Rule"?

Cancellation of removal, or the 10-year rule, is a legal defense that can only be presented to an immigration judge once a person is already in removal proceedings. Anyone offering to file it before you are in court should be treated as a red flag for possible fraud.

Main Requirements

For this defense to be considered by a judge, the applicant must meet the following criteria:

• Continuous Presence: Have lived in the United States continuously for at least 10 years.

• Good Moral Character: Demonstrate good moral character and have no serious criminal record.

• Qualifying Relative: Have a qualifying relative — a spouse, parent, or child under 21 — who is a U.S. citizen or lawful permanent resident.

• Exceptional Hardship: Prove that the qualifying relative would experience exceptional and extremely unusual hardship if you were removed.

• Admissibility: Not have committed certain crimes and not be inadmissible on criminal or national security grounds.

If you would like to begin this process or need a professional review of your case for legal assistance, you can contact us to schedule a detailed consultation. Call us now to discuss your options under the law.