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:
- Must have been physically present in the United States continuously for at least ten years;
- Must have had good moral character for ten years;
- Must not have been convicted of certain crimes; and
- 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
It is important to determine if you qualify for the defense of cancellation of removal for lawful permanent residents so that you can keep your lawful status. To qualify for cancellation of removal for permanent residents you must meet the following requirements and not be disqualified from cancellation of removal:
- Must have been a lawful permanent resident for no less than five years;
- Must have resided continuously in the United States for seven years after having been admitted in any status; and
- Must not have been convicted of an aggravated felony at any time.
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