Removal Orders And Qualifying For A Cancellation Of Removal As A Resident Or Nonresident Immigrant
In a removal proceeding, some immigrants who are facing deportation and have removal orders may qualify for a cancellation of removal. Attorney Claudia Canizares, who was an immigrant herself, founded the Canizares Law Group, LLC. Our experienced immigration lawyers provide legal strategies and defense for immigrants facing deportation. They can help you identify whether you are eligible to cancel your removal during your removal proceedings.
What Is A Cancellation Of Removal?
Permanent residents and nonpermanent residents who are facing deportation may be able to ask the immigration judge for a cancellation of removal. An application to cancel a removal can only be filed in a removal proceeding as a defense to the removal itself. If granted, it is a form of relief that adjusts the immigrant’s status from deportable to lawfully eligible to remain in the United States under permanent resident status.
Seeking A Cancellation Of Removal Order When You Are A Lawful Permanent Resident
When you are already a legal permanent resident and already have a green card, you can be eligible for a cancellation of removal if:
- You have been a lawful permanent resident (LPR) for five years or more
- You have resided in the U.S. continuously for at least seven years
- You have not been convicted of certain crimes, such as aggravated felonies
An immigration judge will have the discretion to consider all the facts and circumstances of your case.
Obtaining A Non-LPR Cancellation Of Removal
If you are an immigrant without legal status who has been living in the United States for a long time, then you may be eligible for a non-LPR cancellation of removal if you can prove that:
- You have been physically present and living in the United States for at least 10 years.
- You have family members who are LPRs, and your deportation or removal would result in extreme hardship for your family.
- You are a person of good moral judgment and have been the entire time you have been living in the U.S.
- You have not violated the laws or been convicted of certain crimes.
If you are approved for a non-LPR cancellation of removal and a number is available, then you will be granted a green card.
Frequently Asked Immigration Questions
Here are some of the questions we hear most often from our clients:
What forms of relief are available to immigrants facing removal or deportation from the United States?
Immigrants who fear persecution in their home country based on their race, religion, nationality, political views or membership in a minority social group may be eligible for asylum or refugee status. Adjustment of status or cancellation of removal may be possible for lawful permanent residents and nonpermanent residents, while other immigrants may qualify for special programs, such as those with the
What are the eligibility requirements for cancellation of removal for lawful permanent residents and undocumented aliens?
To be eligible for cancellation of removal as a lawful permanent resident (LPR), an immigrant must generally have been an LPR for at least five years and have resided in the United States continuously for at least seven years. They must also not have any aggravated felonies on their record. In comparison, undocumented aliens may be eligible for cancellation or removal if they can demonstrate continuous physical presence in this country for at least 10 years and good moral character. They must also show that removal would cause exceptional hardship to a qualifying relative who is either an LPR or U.S. citizen.
What is the difference between cancellation of removal for permanent residents and nonpermanent residents?
While both permanent and nonpermanent residents can potentially qualify for cancellation of removal, nonpermanent residents must meet the additional criteria mentioned above related to their residency in the U.S., their moral character and the potential hardship to a qualifying relative.
How can an immigration attorney with experience in deportation defense help me with my case?
Immigration judges have a lot of discretion in removal proceedings. It can take an experienced attorney to identify the potential grounds you may have for relief from removal, such as asylum, cancellation of removal or adjustment of status. A skilled attorney can develop a legal strategy tailored to your circumstances and present your case in a deportation hearing in the light most favorable to you.
Call An Immigration Attorney Today
If you or someone you love is facing deportation and navigating a removal proceeding, let us help. Call our office at 305-686-3187 or send us an email through our website to schedule a consultation. We offer appointments over the phone, through videoconferencing or in person. We accept credit cards for payment. Se habla español.