Seeking Cancellation of Removal
Facing deportation or removal proceedings in Immigration Court can be a very daunting and fearful process. if you find yourself in removal proceedings as a result of entering the U.S. without being inspected, admitted or paroled by U.S. customs officials or you have stayed in the U.S. beyond the expiration date in your visa or you are a lawful permanent resident (LPR or green card holder) who has been convicted of a deportable crime(s), there may be relief available to you in the form of cancellation of removal.
This is a very complex procedure that does not apply to all clients who find themselves in removal proceedings. But if cancellation of removal applies to your case, it can be a blessing and prevent you from being deported from the U.S. and eventually lead to LPR status as a green card holder. Amid this complexity are many procedural hurdles that if not carefully navigated can lead to deportation. Accordingly, you should not seek to avail yourself of this relief without the able assistance of an experienced cancellation of removal attorney.
Our Firm Can Help You
At The Kasen Law Firm, LLC, we can help you pursue the relief you need through the Cancellation of Removal procedure. Our founding attorney, Lawrence M. Kasen, has 30 years of legal experience and is committed to protecting the rights of immigrants facing deportation.
We are a full-service immigration law firm. For a free initial telephone consultation with a dedicated and experienced immigration lawyer, call 843-376-4085 or toll free at 888-370-5810. You may also contact us online. We have offices in Charleston and Flushing, New York.
Are You Eligible for Cancellation of Removal?
Cancellation of Removal relief was created under the Illegal Immigration Reform & Immigrant Responsibility Act (IIRIRA) of 1996, the federal statute that substantially modified the long-standing and controlling statutory authority known as the Immigration and Nationality Act (INA). IIRIRA and cancellation of removal relief became effective and operative in 1997. Cancellation of removal can only be granted by an immigration judge in a removal proceeding.
Cancellation of removal is divided into two (2) categories, one for LPRs [INA §240A(a)] and one for non-LPRs [INA § 240A(b).
With respect to cancellation of removal for LPRs, the person must have been lawfully admitted for permanent residence for not less than five years, must have resided continuously for seven years after having been admitted in any status, and must not have been convicted of any aggravated felony. The applicant must also demonstrate that they are a person of good moral character during the requisite period.
As to cancellation of removal for non-LPRs, to be eligible the person must have been physically present in the United States for a continuous period of not less than ten years immediately preceding the date of application, have been a person of good moral character during such period, have not been convicted of an offense as described in INA §§ 212(a)(2), 237(a)(2), or 237)a)(3), and have established that the removal would result in “exceptional and extremely unusual hardship” to the person’s spouse, parent, or child who is a citizen of the United States or lawful permanent resident. Hardship to the respondent is not a basis, although it could indirectly cause hardship on the specified relatives.
There are many classes of persons who are otherwise ineligible for cancellation of removal relief, including, without limitation: (1) crewman; (2) J-1 exchange visitors receiving graduate medical education or training; (3) exchange visitors who are subject to and have not fulfilled the two-year home residence requirement and have not been issued a waiver; (4) persons who have been convicted of security-related crimes or are deportable on security grounds; (5) persons who have engaged in persecution of other persons because of that person’s race, religion, nationality, membership in a particular social group or political opinion or has been convicted of a particularly serious crime and is a danger to the community; and (6) persons who have previously been granted cancellation of removal relief.
Making Your Case for Relief
We know the complex and stringent eligibility requirements mentioned above probably sound very challenging, especially when you are experiencing the stress of possible deportation. Do not give up hope and go it alone. With the help of an experienced immigration attorney, there may be ways to demonstrate to the immigration judge why it would be a proper exercise of discretion to grant cancellation of removal in your case.
With deportation a possible outcome, we encourage you to call our firm at 843-376-4085 or toll free at 888-370-5810 to arrange a free initial telephone consultation to discuss whether cancellation of removal is a viable option for you. You may also contact us online. We have offices in Charleston, and Flushing, New York.
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