Cancellation of Removal

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For Lawful Permanent Residents (green card holders), Cancellation of Removal is a form of relief that allows permanent residents the opportunity to remain in the United States and avoid deportation or removal from the United States.

Cancellation of Removal may be available for a lawful permanent resident if the following facts can be substantiated:

(1) A Lawful Permanent Resident for a minimum of (5) five years.

(2) A Lawful Permanent Resident must have continuously lived in the United States for (7) seven years after having been admitted to the United States with any status.

(3) If he or she has not been convicted of crimes involving Aggravated Felonies or Moral Turpitude an Immigration Judge will review evidence to stop deportation. Otherwise, these crimes would force “Mandatory Detention” and result in deportation. If the crimes are absent, the law requires the Immigration court to consider other factors or “equities” that favor permanent resident.

Positive Factors of the applicant that courts consider of importance are as follows:

• Family ties within the United States

• Long duration of residence within the United States

• Evidence of hardship to the applicant and their family if removal interrupts service in the United States Armed Forces

• History of employment

• Existence of property or business ties

• If a criminal record exists, proof of genuine rehabilitation

• Evidence attesting to the person’s good character

• Evidence of value and service to the community

Negative Factors - The Immigration Court will research for the existence of a criminal record. If a criminal record exists, the nature, seriousness, and any other evidence indicative of a lack of good character.

(Non-Lawful) Permanent Residents – Although the language is outdated and inappropriate this group of people is sometimes referred to as illegal aliens. This phrase is only being stated for informational purposes so this area of the Website is not misunderstood.

Cancellation of Removal cases for applicants who are non-lawful permanent residents. To be eligible for this relief, a non-citizen must have (10) ten years of continuous physical presence in the United States prior to the application and good moral character. Additionally, if removed, the non-citizen must demonstrate “exceptional and extremely unusual hardship” to the non-citizen’s spouse, parent, or child, who themselves must be a United States citizen or lawful permanent resident.

Voluntary Departure

Do you need an alternative to Deportation? If so we have an option for you.

A non-citizen (Alien or Permanent Resident) may also request to voluntarily depart the United States as a defense to Deportation and Removal. A non-citizen must request voluntary departure and agree to all its terms and conditions including presenting a passport or travel document to assure the non-citizen can lawfully enter into the country to which he or she is deporting.

If requesting voluntary departure from an Immigration Judge, it must be done prior to or during the master calendar hearing. The non-citizen must concede removability, waive appeal rights, and have not been convicted of a crime described in immigration laws. A grant of voluntary departure can often require that the non-citizen post a bond insuring their timely departure.