Seeking cancellation of removal

Seeking cancellation of removal

On Behalf of Coughlon Law Firm, PLLC. | Aug 25, 2020 | Immigration

Seeking cancellation of removal

On Behalf of  | Aug 25, 2020 | Immigration

Facing a removal hearing is a difficult process for immigrants in Arizona and elsewhere. It can be overwhelming, as many do not speak English as their first language or understand the legal system of the United States. This can leave an individual feeling confused and powerless. However, there are ways to suspend deportation or cancel their removal. This requires one to file for such relief and meet certain criteria to be eligible.

Cancellation of removal for lawful permanent residents

If an individual is a lawful permanent resident, they could seek cancellation of removal is the following criteria is met. First, them must have been a lawful permanent resident for at least 5 years. Next, they must have continuously lived in the United Stated for at least 7 years after having been lawfully admitted into the country. Finally, they must not have been convicted of an aggravated felony. This refers to offenses such a trafficking drugs or firearms, sexual abuse of a minor, murder and rape.

Criteria for non-permanent residents

It is possible for non-permanent residents to seek cancellation of removal. The criteria for this includes continuous physical presence in the U.S. for at least 10 years, being a person of good moral character, has not been convicted of an offense that would make them removable and can demonstrate that their removal would result in exceptional and extremely unusual hardship to their immediate family members that are either U.S. citizens or lawful permanent residents.

Criteria for non-permanent residents who are victims of domestic violence

Victims of domestic violence that are placed in the removal proceedings have the ability to seek cancellation or removal if they meet the following criteria. They have maintained continuous physical presence in the U.S. for at least 3 years, they have good moral character, they are not inadmissible or deportable under immigration laws, their removal would result in extreme hardship to them or their child and they deserve a favorable exercise of the immigration judge’s discretion in granting their application.

No matter the reason for being placed in the removal proceedings, it is important to understand ways an immigrant could stop the removal process. Whether that is through cancellation of removal or a different process, it is important to fully understand your situation so you can explore your options.






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