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Cancellation Of Removal

Published June 10, 2021 by Brooks Law Firm
Cancellation Of Removal

Cancellation Of Removal For Nonpermanent Residents

Aliens in the U.S. with no immigration status that have lived here for ten years can apply for a green card even if you entered the United States illegally. Cancellation of removal is a process whereby both permanent and nonpermanent residents can apply to an immigration judge to change their status from being a deportable alien to a permanent resident.  Your ability to apply for a green card after this number of years is what is called cancellation of removal for non-permanent residents.

But this method of applying for a green card is often unlikely to succeed. So, talk to an experienced immigration lawyer to help you apply for permanent status.

Requirements For Applying For Cancellation Of Removal

People with an open case in deportation or removal proceeding in immigration court are the only ones that can benefit from cancellation of removal. But they cannot apply if they appeared in court and did not win their case. But you can ask an immigration court to reopen your deportation case if your case was closed and you got a final order for removal.

It is up to the immigration judge to decide whether or not you get permanent status. That means that you can still get permanent status even if you do not meet all eligibility requirements.

Requirements For Cancellation Of Removal For Non-Permanent Residents

Cancellation Of RemovalYou can only qualify for cancellation of removal if:

  • You have lived in the United States continuously for the last ten years from the date you entered.
  • You have not committed crimes or done any illegal things during that period of stay
  • You have never been convicted for crimes that make you deportable or inadmissible
  • You are likely to face extreme hardship if you were to be deported
  • Your immediate family is likely to face unusual and extreme hardship if you are deported
  • The conditions in your home country or the country where you can be returned to are terrible
  • You have a serious health condition and the country where you will be returned to does not provide medical care for that condition

Your immigration lawyer can explain more situations that make you qualified for cancellation of removal.

What About Lawful Permanent Residents?

To qualify for cancellation of removal you must meet the following requirements:

  • You have been a permanent resident in the United States for at least five years
  • You have lived continuously in the U.S for at least seven years
  • You have no aggravated felony convictions
  • Some factors that an immigration court may consider when making a decision include:
  • Evidence that you are rehabilitated if there is a criminal record
  • Proof that you are a person of good character

You regain lawful permanent status if the cancellation of removal is approved. There are so many complexities involved in the cancellation of removal process, which means you cannot go through this alone. An experienced immigration lawyer can review your situation and advise you on the steps you need to take to gain lawful permanent residency status in the United States.

You May Also Be Interested In…

  1. O1 Visa Status
  2. Advantages Of The H-3 Visa
  3. Ways To Avoid Deportation

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