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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.

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.