Central Florida Cancellation of Removal Attorneys
Deportation Relief Through Cancellation of Removal
Being placed in removal proceedings can be terrifying, especially if you have spent years building a life in the United States. Lawful permanent residents and those without legal immigrant statuses can both be eligible for “cancellation of removal,” which prevents deportation and allows beneficiaries to remain in the country.
Our cancellation of removal lawyers at Central Florida Immigration Attorneys are prepared to fight for your rights and do everything possible to obtain deportation relief. We have a unique understanding of the immigration system, as one of our lead attorneys previously served as an immigration services officer adjudicator. Our team will work to determine if you qualify for cancellation of removal and gather the evidence that will be necessary to secure a favorable outcome in your case.
Cancellation of Removal for Lawful Permanent Residents
Lawful permanent residents can in some situations be placed for removal and deportation. This can occur if a lawful permanent resident card is allowed to expire or when there is a failure to meet conditions of residence.
If someone has been a lawful permanent resident of the United States for many years, they may qualify for cancellation of removal relief. If successful, beneficiaries retain their lawful permanent resident card and can continue living and working in the country.
Cancellation of removal eligilbity requirements for lawful permanent residents include the following:
- You have been a lawful permanent resident for at least 5 years at the time of your requesting cancellation of removal – This requirement precludes those who fail to remove conditions from their marriage or investor lawful permanent resident card.
- You have maintained continuous presence in the United States for a minimum of 7 years under any immigration status before the “stop-time rule” takes effect – Continuous presence means that you have maintained your primary residence in the United States. In most cases, entering the U.S. with any kind of legal status will “start the clock” for this requirement. However, the “stop-time rule” triggers when you are detained or provided with a notice to appear before an immigration court. You have not been convicted of an aggravated felony – Many lawful permanent residents are placed for removal when they are convicted of a deportable offense. Those who are convicted of aggravated felonies cannot seek cancellation of removal relief.
- You have not been convicted of an aggravated felony –Many lawful permanent residents are placed for removal when they are convicted of a deportable offense. Those who are convicted of aggravated felonies cannot seek cancellation of removal relief.
- You have not been granted cancellation of removal before – Cancellation of removal is a one-time benefit. If you have received this relief before (even if as a non-lawful permanent resident), you cannot receive it again.
- You prove that you deserve deportation relief – Immigration judges get a substantial amount of discretion in deciding whether to extend cancellation of removal relief. Judges will consider any hardships that you might endure if you are deported. Providing evidence of family and community ties can help convince a judge that you deserve to stay.
Securing cancellation for removal relief as a non-lawful permanent resident is extremely challenging. Having experienced cancellation of removal lawyers on your side can make a substantial difference in the outcome of your case.
At Central Florida Immigration Attorneys, we will do everything possible to fight for the relief that you need. We are compassionate to the stress and uncertainty that comes with the possibility of removal and will always be transparent about your relief options and the possibilities of success.
Cancellation of Removal for Non-Lawful Permanent Residents
If you do not have lawful permanent resident status but have lived in the United States for a long period of time, you may qualify for a lawful permanent resident card through cancellation of removal. However, only 4,000 cancellations of removal visas can be granted each year.
To be eligible for cancellation of removal as a non-lawful permanent resident, you must meet the following requirements:
- You have maintained continuous physical presence in the United States for at least 10 years – This clock stops when you are given a notice to appear, when you commit certain deportable offenses, or are outside the country’s borders for a period longer than 90 days. If you are outside the U.S. for more than 180 cumulative days, you are ineligible for cancellation of removal.
- Your removal would cause extreme hardship to qualifying relatives – You must have a parent, spouse, or child (under the age of 21 and unmarried) that is a current U.S. citizen or lawful permanent resident to qualify for relief. You must prove to the court that this family member will suffer “exceptional and extremely unusual hardship” if you are removed. You have “good moral character” – The immigration court will evaluate your criminal record and any other circumstances, such as purported drug or alcohol abuse, when deciding whether you meet this requirement.
- You prove that you deserve deportation relief –If a lawful permanent resident card is available, the judge handling your case has tremendous discretion in determining whether to extend relief. You will need to provide an exhaustive level of evidence and testimony that supports your case.
Understanding whether you qualify for cancellation of removal can be extremely confusing. When you first meet with our team, we can evaluate your situation and determine if pursuing cancellation of removal is likely to succeed. If not, our attorneys can help you explore other deportation defense options.
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