Cancellation of Removal
Are you in removal proceedings and worried you will have to leave your U.S. citizen child behind?
Is the government trying to remove you for serious violations of immigration laws and/or your criminal history?
Have you been living in the U.S. for many years but now face deportation?
Cancellation of Removal may be a way to help you stay in the U.S. and avoid deportation. Cancellation of removal is a form of immigration relief only available if you are placed in removal proceedings. If your Cancellation of Removal case is approved, you receive a green card (lawful permanent residency) in the United States or you are able to keep your green card if you had one before being placed in proceedings. Different standards of eligibility for cancellation are applied for lawful permanent residents (“LPRs”) and non-LPRs.
Cancellation of Removal As a Green Card Holder
If you are a lawful permanent resident and are in removal proceedings because of a criminal conviction, for example, you may be eligible for Cancellation of Removal if:
- You have been a green card holder of the U.S. for at least five years at the time that the application is filed;
- Have continually resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered (which is commonly triggered by committing certain criminal offenses);
- Have not been convicted of an aggravated felony;
- Have not received cancellation of removal or INA 212(c) relief in the past; and
- As a matter of discretion, you deserve to be granted an approval.
Cancellation of Removal For Undocumented or Other Non-Green Card Holders
If you do not have a green card and end up in removal proceedings due to your immigration or criminal violations or denial of your case, you may be eligible for Cancellation of Removal for non-lawful permanent residents if:
- You have been living n the U.S. for at least ten years.
- Your being removed from the U.S. would cause “exceptional and extremely unusual hardship” to your U.S. citizen or lawful permanent resident (LPR) spouse, child, or parent;
- You can show that you have “good moral character”; and
- You have not been convicted of certain crimes or violated certain laws.
Having an SGG immigration attorney on your side can help increase your chances of success with your Cancellation of Removal case. There are many reasons for this. Cancellation for Non-Permanent residents can be extremely difficult to obtain because the standard of hardship is so high to meet. The “Exceptional and Extremely Unusual Hardship” requirement to a U.S. citizen or lawful permanent resident spouse, parent or child. It is not enough to show that a U.S. citizen or LPR relative would suffer financially, emotionally, and physically. Instead, there must be proof that the qualifying relative would suffer to a degree that goes above and beyond the type of suffering that would normally be expected when a close relative is deported. This is a standard higher than extreme hardship and an average of 10% of cancellation cases are granted nationwide every year. This is a tough standard to meet and requires creative arguments for your given situation. But this may be your only relief available so it is in your best interests to have SGG on your side. Our team of family and removal attorneys can analyze your unique situation to pull out for the Immigration Judge arguments that would be sympathetic and focus on the level of hardship required. We strategize with our clients on documentation, witness identification, argument formation and represent our clients not only in the initial filing but through the entire court case and trial so the arguments and representation remains consistent and persuasive throughout your case, increasing your chances of approval.
For more information about Cancellation of Removal for green card holders and non-green card holders, call us at 213.627.8997 today to book a detailed Case Evaluation appointment with an experienced family and removal immigration attorney.