U.S. Cancellation Of Removal Lawyers
Cancellation of removal is a form of immigration relief available to both lawful permanent residents and nonpermanent residents. In the event that you are facing removal proceedings, you can file for cancellation of removal to stay in the United States. If your application is approved, you will be able to avoid deportation. Our immigration law attorneys at Consumer Law Group can help you through the process of filing for cancellation of removal.
Cancellation Of Removal For Lawful Permanent Residents
In order to file a cancellation of removal for lawful permanent residents, you must meet certain criteria. Below are some of the cancellation of removal requirements you must meet in order to successfully apply as a lawful permanent resident:
- You must be an alien lawfully admitted to the U.S. for permanent residence for at least five years.
- You must have continuously resided in the U.S. for at least seven years, regardless of the status you were admitted under.
- You must not have been convicted of an aggravated felony.
Meeting The Time Requirements
In addition to meeting the qualifying criteria for cancellation of removal, you must also abide by certain time requirements for your application to be approved. If you are facing removal proceedings due to a criminal conviction, you may be able to prevent deportation by filing for cancellation of removal. However, the timeline of when you entered the country, when you committed the crime and when you filed for cancellation of removal is very important.
The date you file your application is considered the cutoff time for the five-year minimum you must have spent as a lawful permanent resident. The cutoff time for the seven years of continuous presence in the U.S. follows different rules. That cutoff date goes into effect immediately once you receive a Notice to Appear or when you commit the crime being used as the grounds for deportation.
With that in mind, consider the following hypothetical scenario: You lawfully entered the U.S. with legal permanent resident status in 2013, but in 2019, you were arrested for a crime (not an aggravated felony), and a few months later, you were convicted. Then, in 2021, you receive a Notice to Appear and removal proceedings commence. In this situation, you would not be eligible to apply for cancellation of removal because your continuous residency would end on the date you committed the crime; thus, you would come up short of the seven-year continuous residency requirement.
Show Positive Equities In Favor Of A Grant Of Cancellation
Even after meeting the core requirements for cancellation of removal, the success of your application rests in the hands of an immigration judge. In order to determine whether you should be allowed to stay in the U.S., the judge will take certain considerations into account, such as:
- Past criminal convictions and the severity of your crimes
- Whether you have close family members residing in the U.S.
- The length of your residency in the U.S.
- Your employment history and tax records
- Your business ties to the U.S.
- Your moral character
After carefully considering your application in conjunction with the above factors, the judge will determine whether or not you qualify to remain in the U.S.
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Cancellation Of Removal For Nonpermanent Residents
Similar to lawful permanent residents, nonpermanent residents must meet certain requirements in order to qualify for cancellation of removal. However, compared to lawful permanent residents, the criteria nonpermanent residents must meet are generally more stringent. The following are the cancellation of removal requirements for nonpermanent residents:
- You must have continuously resided in the U.S. for at least 10 years.
- You must demonstrate good moral character.
- You must not have been convicted of any removable offenses.
- You must demonstrate that removal would inflict extreme and unusual hardship upon a spouse, child or parent who is a citizen or lawful permanent resident in the U.S.
Meeting The Time Requirements
The continuous physical presence requirement for nonpermanent residents essentially follows the same rules as the one for lawful permanent residents – namely, that the cutoff time occurs on the date when you are issued a Notice of Action or have committed a crime that is used as the grounds for removal. You should also keep in mind that if you take any trips outside the U.S. that exceed 90 days – or if you take multiple trips that total 180 or more days in total – this will end your continuous physical presence in the country.
Meeting The Character Requirement
If you have been convicted of certain crimes, such as murder, human trafficking and aggravated felonies, this will likely result in a judge rejecting your claim to good moral character. Less serious offenses will be taken into account as well, but they may not result in automatic disqualification. When considering moral character, a judge will also look at a variety of other factors, such as family ties, community involvement, work history and so on.
Meeting The Hardship Requirement
To qualify for cancellation of removal, a nonpermanent resident must have a spouse, child or parent who is a legal permanent resident or citizen of the U.S. Additionally, the applicant must demonstrate that the qualifying family member would face significant hardship if the applicant were to be deported.
For example, if a qualifying family member is suffering from a serious illness or has been diagnosed with certain disabilities, this may meet the hardship requirement. You will have to submit documentation and evidence of this hardship with your application. And ultimately, the decision is left up to the discretion of the immigration judge.
If you do have a child in the United States, you may look into whether or not they qualify for DACA, as this can prevent them from being deported.
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How Consumer Law Group Lawyers Can Help With Cancellation Of Removal
Applying for a cancellation of removal can be a complicated process. There is a lot of paperwork you must fill out, as well as specific requirements to meet and strict deadlines to hit. Making even the smallest mistake can potentially delay a ruling by an immigration judge or even result in the rejection of your application.
By working with highly trained deportation lawyers like the ones at Consumer Law Group, you can ensure that every step of the process is done the right way. Our team can help you fill out your cancellation of removal application correctly and keep up with crucial deadlines. Having a trained lawyer guide you through the process step by step can help minimize mistakes, and an error-free application will often get processed quicker and have a greater chance of success.
If you are facing removal proceedings, remember that you have options at your disposal. The lawyers at Consumer Law Group have helped many people in the exact same position as you. Take a look at our testimonials to see the results we achieve. We are always happy to provide our clients with honest legal advice and services at competitive rates.