How to get cancellation of removal? Facing removal from the United States can have a devastating effect on you and your family. However, if you meet the requirements for cancellation of removal, you can avoid deportation.
To be eligible for cancellation of removal, you must have been a lawful permanent resident and have been continuously residing in the US for seven years since your admission into the country. You must also prove that removing you from the country would cause extreme hardship to you and your family.
Cancellation of removal provides a form of relief from deportation for permanent residents who entered the country illegally or crossed the border without inspection. However, it is one of the most difficult forms of immigration relief to obtain and can be very risky. It requires proof that you are a lawful permanent resident (LPR or green card holder), have been in the United States for at least five years, and have maintained continuous physical presence in the country for seven years. You must also demonstrate good moral character and that your removal would cause extreme hardship to a spouse, parent, or child who is a citizen or LPR of the United States.
Demonstrating these requirements may require a significant amount of documentation, including personal and family statements, school or medical records, business ties, and corroborating evidence such as police reports. It is important to consult with an experienced immigration attorney at LS&P Lawyers to determine whether this form of relief is right for you.
Cancellation of removal is a form of relief from deportation available to legal permanent residents (green card holders) in immigration court. It is not available for people who “snuck” into the US or overstayed their visa, and only if they are currently in removal proceedings before an immigration judge.
In order to qualify for cancellation of removal, you must show that your family will suffer exceptional and extreme hardship if you are removed from the US. This hardship can include financial obligations, medical complications, safety concerns, and educational implications for children. You can provide evidence of this hardship by submitting official certificates, such as birth and marriage certificates, as well as copies of any documents issued by DHS or the former Immigration and Naturalization Service.
You must also submit a completed Form EOIR-42B. This forms asks for information about yourself and your family, including past addresses and places of employment. This form also contains yes or no questions about criminal convictions that may disqualify you from receiving cancellation of removal, such as aggravated felonies and crimes related to moral turpitude.
If a lawful permanent resident or undocumented immigrant is placed into removal proceedings due to a criminal conviction, they can apply for cancellation of removal. This is an opportunity for the immigration judge to exercise discretion in allowing someone to stay in the United States.
To qualify, you must have lived in the US for 10 years before your deportation proceedings were started. Continuous presence is important, and brief trips abroad (i.e. vacations) do not break the period if they occur before your notice to appear was served. In addition, you must have been of good moral character during that time.
You also have to prove that your deportation would cause extreme hardship to a spouse, parent or child who is a U.S citizen or LPR. An experienced attorney will help you figure out whether your case meets this standard. If you are able to show extreme hardship, the judge will grant your relief.
If you are in removal proceedings, it is crucial to consult with an immigration attorney as soon as possible. They will help you determine if cancellation of removal is your best option. They will review your case, gather documents and other evidence and prepare your application for submission to the judge.
In order to qualify for cancellation of removal, you must have been a lawful permanent resident for at least five years and not have an aggravated felony conviction on your record. You must also demonstrate that you would suffer exceptional and unusual hardship to a United States citizen or lawful permanent resident family member as a result of your removal from the country.
Moreover, you must have proof of your good moral character and have not been found to be inadmissible on public charge grounds. While it is unlikely that your public charge status will have an impact on your cancellation of removal application, you should discuss this with your immigration lawyer if you are concerned.