For many visa holders within the United States, a common fear is that something will go wrong with their stay—perhaps a minor rule will slip by the immigrant’s notice—and they will suddenly find themselves in trouble and subject to removal proceedings. No one who has worked hard to enter the United States wants to see themselves removed from the country; the good news is that cancellation of removal is possible for both permanent and non-permanent residents who wish to demonstrate that they should be allowed to stay.
Cancellation Of Removal For Non-Permanent Residents
If a non-permanent resident finds themselves in removal proceedings, it is possible that an immigration judge can provide relief that will lead to a green card if cancellation of removal is achieved. In order to make a case for cancellation of removal in this case, the non-permanent resident must prove a number of things.
First, the resident must have lived in the United States continually for at least ten years. Second, the resident must prove that he or she is a person of good moral character; this can be done through providing evidence like a clean criminal record, for example. Finally, it is important to demonstrate that removal from the US will place “exceptional and extremely unusual hardship” on a relative who is a US permanent resident or citizen (such as spouses or children).
Cancellation Of Removal For Permanent Residents
For permanent residents who find themselves in removal proceedings, the avenue to apply for cancellation is slightly different. Permanent residents must prove that they have been a permanent resident for at least five years, having resided continually in the US for at least seven years. In addition, cancellation of removal cannot be granted to a permanent resident who has committed an aggravated felony.
The overall positive attributes of the permanent resident are all up for scrutiny by the judge, who will consider aspects like family ties, employment, length of residence, criminal history, and community involvement. This balancing of positive and negative factors will inform the judge whether you should be granted a cancellation of removal.
Other Cancellation Types
Some other types of cancellation exist, such as for victims of domestic violence, previous asylum applicants, and those who can prove that they are likely in significant danger of torture or physical harm if they were to be returned to their home country.
These applications are all unique and should be addressed with an immigration professional who can examine the situation.
Speak To An Experienced Immigration Law Firm Today
Receiving a notification that you have been put into removal proceedings can be intimidating; that is why it is important to work with an experienced immigration lawyer to draft a cancellation of removal petition. A good application for cancellation will demonstrate why you should be allowed to remain in the country and, in some cases, can even set you on the path to a green card.
Reach out to discuss your situation with The Law Offices of Kermit A. Monge and learn about the next step in your cancellation of removal by calling 703.273.5500 or request a consultation online today.