What is Cancellation of Removal? Part Three

July 22, 2012

CANCELLATION OF REMOVAL FOR BATTERED SPOUSES AND CHILDREN

 

A special rule applies to battered spouses and children of U.S. citizens or permanent residents.

 

Section 240(b)(2) of the Immigration and Nationality Act provides that cancellation of removal may be granted if:

       1.      A person has been battered or subjected to extreme cruelty by a spouse or parent who is a U.S. citizen or permanent resident (or is the parent of a child of a U.S. citizen or permanent resident and the child has been battered or subjected to cruelty by the U.S. citizen or permanent resident). It is important to note that the parent of an abused child, even if not married to the abuser, may apply for cancellation of removal based on the abuse to the child by his or her U.S. citizen or permanent resident parent.

       2.      The person has been physically present in the U.S. for a continuous period of not less than three years.

       3.      The person is of good moral character during the three years.

       4.      The person has not been convicted of certain offenses.

       5.      The person can show that his or her removal will result in extreme hardship to the person, the person’s child or the person’s parents.

Parole of Family Members: Unlike other forms of cancellations of removal, one unique benefit arising from this form of cancellation is that the child of a person granted cancellation or the parent of a child granted cancellation may be paroled into the U.S. until his or her status is adjusted. (INA §240A(b)(4).)

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