Claudia Canizares is the founding attorney of Canizares Law Group, LLC, an immigration law firm with a team of dedicated, bilingual (English & Spanish) attorneys. Having come to the United States herself as a teenager, Claudia built the firm around what clients are going through. Discuss your case with a Miami immigration attorney at our firm, or read on to see if you qualify.
Cancellation Of Removal For Non-Permanent Residents in Miami
Someone without lawful permanent resident status who is placed in removal proceedings may still have a path to remain in the United States through what is often called non-LPR cancellation of removal. This form of relief can allow an eligible person to obtain lawful permanent resident status directly out of removal proceedings, even though they did not hold a green card beforehand. Canizares Law Group, LLC, was founded by attorney Claudia Canizares, herself an immigrant, and our deportation defense attorneys help clients throughout Miami and nationwide determine whether they meet the demanding requirements for this relief. Your American dream begins here. Call 305-686-3187 or send us a message to schedule a consultation.
To be eligible for non-LPR cancellation of removal, a person must show that they have been physically and continuously present in the United States for at least ten years, that they have been a person of good moral character throughout that time, and that they have not been convicted of certain disqualifying offenses. They must also show that their removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a United States citizen or lawful permanent resident, such as a spouse, parent, or child. This is a considerably higher bar than showing ordinary hardship that any family would experience from a loved one’s removal, and it typically requires detailed documentation of factors such as a qualifying relative’s medical needs, financial dependence, or circumstances that make relocation to the home country particularly difficult.
Even a favorable decision on non-LPR cancellation of removal is subject to an annual cap set by federal law, which limits the number of grants issued each fiscal year. This means that in some cases, a person can be found eligible and still have their case held until a grant becomes available under that limit, so the timeline for actually receiving a green card can extend beyond the date of the judge’s decision.
The standard is demanding, and the physical presence requirement can be affected by events such as the issuance of a Notice to Appear, so careful case preparation matters well before a merits hearing. Our attorneys work with clients to gather the documentation needed to support both the physical presence and hardship elements of a case, and where non-LPR cancellation of removal is not available, we look at whether other forms of deportation defense relief, such as waivers or asylum, might apply instead. If a person is being held in custody while their case is pending, we can also pursue a request for an immigration bond to seek their release.
What Happens If Cancellation Of Removal Is Denied?
If an immigration judge denies non-LPR cancellation of removal, the removal order is carried out and the person is returned to their home country, and depending on the circumstances, they may also be barred from returning to the United States for a period of time afterward. Whether an appeal to the Board of Immigration Appeals is available depends on the specific grounds for the denial.
What Happens If Cancellation Of Removal Is Granted?
If non-LPR cancellation of removal is granted, the person becomes a lawful permanent resident directly as a result of the immigration judge’s decision, even though they did not previously hold a green card. There is still a process of paperwork to receive the physical green card once relief is granted, so the case is not entirely finished the moment the judge rules.
How Can An Immigration Attorney Help With My Case?
Immigration judges have significant discretion in removal proceedings, and it often takes an experienced attorney to identify the potential grounds for relief in a given case, whether that is cancellation of removal, asylum, adjustment of status, or another option. An attorney can develop a legal strategy that fits your specific circumstances and present your case in the light most favorable to you at your hearing.
How Is This Different From LPR Cancellation Of Removal?
Both are called cancellation of removal, but they are separate forms of relief with different requirements. Non-LPR cancellation, described on this page, applies to someone without lawful permanent resident status and requires ten years of continuous physical presence along with a showing of exceptional and extremely unusual hardship to a qualifying relative. LPR cancellation applies to someone who already holds a green card and instead requires five years as a permanent resident and seven years of continuous residence, without the hardship requirement. If you are not sure which category applies to you, our attorneys can help sort that out during a consultation.
If you or a loved one has been in the United States for many years without permanent status and is now facing removal proceedings, do not assume there are no options. Call our office at 305-686-3187 or send us an email to schedule a consultation. We offer phone, video, and in-person appointments, and se habla español.