cancellation of removal

Cancellation of Removal for Certain Nonpermanent Residents

A powerful defense is that of cancellation of removal for certain non-permanent residents that can lead to lawful permanent resident status. In order to qualify for this benefit you must meet the following requirements and not be disqualified from cancellation of removal:

1. Must have been physically present in the United States continuously for at least ten years;

2. Must have had good moral character for ten years;

3. Must not have been convicted of certain crimes; and

4. Must prove that deportation would cause exceptional and extremely unusual hardship to their lawful permanent resident (LPR) or U.S. citizen spouse, child, or parent.

Cancellation of Removal for Permanent Residents

If you already have your lawful permanent resident status and have been referred to removal proceedings in immigration court, it is important to determine of you qualify for cancellation of removal for permanent resident that can help you keep your green card. To qualify for cancellation of removal for permanent residents you must meet the following requirements and not be disqualified from cancellation of removal:

1. Must have been a lawful permanent resident for not less than five years;

2. Must have resided continuously in the United States for seven years after having been admitted in any status; and

3. Must not have been convicted of an aggravated felony at any time.