Cancellation Of Removal For Permanent And Non-Permanent Residents

At Wilson Law Group, founded in 2003 in Minneapolis, our immigration and removal defense attorneys will fight for your freedom if you or someone you love is facing deportation and a removal proceeding. With innovative strategies, like seeking cancellation of removal, they help permanent and non-permanent residents who are fighting to stay in the United States.

What Is Cancellation Of Removal?

Cancellation of removal is a type of relief available to certain individuals who are in removal proceedings before the Immigration Court and is a deportation defense strategy. There are two principal types of cancellation of removal, one for lawful permanent residents of the United States and another for individuals who currently have no lawful immigration status. The requirements are different for both types.

There is also a type of cancellation of removal for battered spouses and children under the Violence Against Women Act (VAWA), which is usually called a VAWA Cancellation of Removal.

Lawful Permanent Residents And Removal Proceedings

Lawful permanent residents (LPR’s) also known as green card holders, of the U.S. can be placed in removal proceedings and lose their permanent residence for a variety of reasons, including convictions for certain types of crimes. LPR’s who meet the requirements for cancellation of removal can request that the immigration court cancel their removal, even though their crimes could cause them to be removed from the United States.

Cancellation Of Removal Requirements For Lawful Permanent Residents

LPR’s can apply for cancellation of removal if:

• They have not been convicted of an aggravated felony.
• They have seven years of continuous lawful residence in the U.S. prior to committing certain offenses or being placed in removal proceedings.
• They have been a lawful permanent resident for at least five years.
• They have been a person of good moral character during such period.

Cancellation Of Removal Requirements For Non-Permanent Residents

The eligibility requirements for cancellation of removal individuals without permanent residence are much stricter. Generally, these cases are more difficult to win than applications for LPR’s. Persons without permanent residence can apply for cancellation of removal if:

• They have been physically present in the U.S. for a continuous period of not less than 10 years prior to commission of certain criminal offenses or service of the Notice to Appear (whichever is earlier).
• They have been a person of good moral character during such period.
• They have not been convicted of certain criminal offenses.
• They can establish that removal would result in exceptional and extremely unusual hardship to the applicant’s U.S. citizen or lawful permanent resident spouse, parent or child.

Exceptional And Extremely Unusual Hardship

Hardship to family members must be substantial in order to qualify as “exceptional and extremely unusual.” The level of hardship must go well beyond what any similarly person would experience if their family member were removed. A qualifying relative’s medical condition, mental illness or disability, or need for special education services are relevant factors in the determination of exceptional hardship.

Additional Factors To An Immigration Court’s Determination For Cancellation Of Removal

It is important to note that cancellation of removal (for LPRs and Non-LPRs) is discretionary. This means that the immigration court will balance all the favorable and unfavorable factors in deciding whether the applicant should be approved in the judge’s discretion. Positive factors include close family ties in the U.S., a lengthy period of residence, home or business ownership; rehabilitation for any crimes, good moral character references, and community service. Negative factors can include the frequency and severity of any criminal and immigration offenses, failure to support dependents, or failure to pay taxes.

When A Cancellation Of Removal Is Granted

LPR’s who are granted cancellation of removal are allowed to remain in the U.S. and keep their permanent resident status. The offense(s) that made them removable are “waived” for future purposes. A non-LPR individual who is granted cancellation of removal will obtain permanent residency in the U.S.

Contact A Deportation Defense Attorney For A Free Consultation

At Wilson Law Group our removal defense lawyers provide skilled and aggressive litigation before the immigration court in all matters, including cancellation of removal. Contact our office by calling 612-430-8022 or by sending an inquiry through our online form to schedule your free consultation with an immigration attorney to review your case.