How Can an Immigrant Qualify for Cancellation of Removal?

 Posted on July 21, 2022 in Immigration

Immigrants living in the United States may have an uncertain legal status. Even those who have lived in the U.S. for many years may be concerned about the possibility of deportation, which could cause them to be separated from their family members, uprooted from their communities, and forced to return to a potentially dangerous situation. Those who have been detained by immigration officials or who may potentially face deportation will need to understand their options and the steps they can take to show that they should be able to continue to live in the United States. Some immigrants may qualify for a form of relief known as cancellation of removal, and they may be able to avoid deportation and become a permanent resident of the U.S. if they do not already have a Green Card.

Eligibility Requirements for Cancellation of Removal

Cancellation of removal is a form of relief that is meant to help prevent hardship for U.S. citizens or lawful permanent residents. If immigration officials begin deportation proceedings, an immigrant may submit a cancellation of removal application, and if relief is granted, they will be allowed to remain in the United States. Those who may be eligible for cancellation of removal include:

• Lawful permanent residents - A Green Card holder may be able to avoid deportation if they can show that they were lawfully admitted to the United States and have maintained permanent resident status for five years or more, that they have continuously resided in the country for seven years, and that they do not have any aggravated felony convictions.

• Non-permanent residents - Those who are not recognized as permanent residents may receive relief from deportation if they can show that their removal from the United States would cause exceptional hardship for an immediate family member who is a U.S. citizen or Green Card holder. In these cases, a person must have maintained a physical presence in the United States for 10 years or more, and they must show that they are of good moral character.

• Victims of domestic abuse - A spouse or child who has been subject to physical abuse or other forms of extreme cruelty by a person who is a U.S. citizen or Green Card holder may receive relief from deportation if they can show that removal from the United States would cause extreme hardship for themselves or their child. The parent of a child who has been the victim of abuse may also qualify for cancellation of removal. In these situations, an immigrant must have lived in the U.S. for at least three years, they must have good moral character, they must not have any aggravated felony convictions, and they must not be inadmissible for other reasons.

Contact Our Orange County Cancellation of Removal Lawyer

Immigrants who are involved in deportation proceedings may be concerned about whether they and their family members may be required to leave the United States. People in these situations will need to understand their options, including whether they can apply for cancellation of removal. At Vasquez Law Firm, PLLC, we can advise you of your rights and options, and we will work with you to file the correct forms and provide evidence to show that deportation would cause hardship for your family. To set up a free consultation and learn how we can help you, contact our Orlando deportation defense attorney at 407-955-5000.

Sources:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229b&num=0&edition=prelim

https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

https://media.law.miami.edu/clinics/pdf/2013/immigration-Cancellation-Removal-non-LPR.pdf