Cancellation of Removal
Contact Central Pennsylvania Immigration Attorneys at Kelly, Parker & Cohen today for your FREE CONSULTATION.
Cancellation of removal is a discretionary form of relief from removal proceedings that an immigration judge has the discretion to grant. Cancellation of removal may be available if you meet certain requirements. There are three principal ways to cancel your removal:
Cancellation for lawful permanent residents (green card holders);
Cancellation for non-lawful permanent residents; and
A Violence Against Women Act cancellation.
There is also a special form of cancellation known as a NACARA (The Nicaraguan Adjustment and Central American Relief Act) special rule cancellation that is available to certain people from El Salvador, Guatemala and certain Eastern European countries.
A lawful permanent resident who is inadmissible or deportable is eligible for cancellation of removal if he or she has been an alien admitted for permanent residence for not less than five years before issuance of the Notice to Appear, has resided continuously for seven years in the United States after having been admitted in any status, and has not been convicted of an aggravated felony.
A non-lawful permanent resident may be eligible for cancellation of removal if he or she has been physically present in the United States for a period of not less than 10 years and also has been a person of good moral character and has not been convicted of certain criminal offenses. Additionally, he/she can establish that his or her removal from the United States will result in extreme hardship to a spouse, parent or child who is a U.S. citizen or lawful permanent resident.
You may also qualify for cancellation of removal if you:
Were battered or subjected to cruelty in the United States by your U.S. citizen or LPR (legal permanent resident) spouse, or you are the parent of a child of a U.S. citizen or LPR and your child has been battered or subjected to cruelty in the United States by that citizen or LPR;
Continuously lived in the United States for three or more years before you received your Notice to Appear, and you have good moral character; Are not inadmissible or deportable for some other reason, and you have not been convicted of an aggravated felony as defined by U.S. immigration law;
If you are removed, it would be extremely tough on you or your child (who is the child of a U.S. citizen or LPR), or, if you are the child, removal would be extremely tough on you or your parent; and
You deserve an immigration judge decision granting your application.
If you or a loved one would like to seek cancellation of removal or are in need of one of our other immigration law services, contact one of the Central Pennsylvania Immigration Attorneys or call (717) 208-2622 or contact us online today for your free and confidential consultation.