cancellation of removal

Cancellation of removal is an option for certain immigrants and is available only in immigration court, or the EOIR.

Cancellation of removal is not an easy process. The standards are different for individuals who are already lawful permanent residents and those who are not.

LAWFUL PERMANENT RESIDENT CANCELLATION OF REMOVAL

In the case of an immigrant who is a legal permanent resident and who is inadmissible or deportable from the United States, the cancellation of removal may be an option if: (1) if he person has been admitted to the United States with a residency for at least 5 years, (2) has resided in the United States continuously for 7 years after having been admitted in any State has (3) not been convicted for any offence aggravated (for effects Immigration – this is not the same as for purposes of classification of State law.

NON-LAWFUL PERMANENT RESIDENT CANCELLATION OF REMOVAL

The individual must establish that (1) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (2) has been a person of good moral character during such period; (3) has not been convicted of an offense under section  §212(a)(2), 237(a)(2), or 237(a)(3) of the Immigration and Nationality Act; and (4) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien admitted for lawful permanent residence.

One thought on “cancellation of removal

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