When Can Deportation Be Prevented Through Cancellation of Removal?

 Posted on January 21, 2022 in Immigration

For immigrants living in the United States, the threat of deportation is a significant concern. After a person has established a life for themselves and their family members in the U.S., being forced to leave the country is likely to cause significant hardship. Fortunately, those who are facing deportation may have options, and in some cases, a person may be able to apply for cancellation of removal. If a person meets certain requirements, deportation proceedings may be ended, and they will be allowed to remain in the United States.

Eligibility for Cancellation of Removal

The requirements for qualifying for cancellation of removal will differ depending on whether a person is a lawful permanent resident with a valid green card. A person may qualify for cancellation of removal if they have had lawful permanent resident status for at least five years, and they have accrued at least seven years of continuous residence in the United States. Lawful permanent residents may be disqualified from cancellation of removal if they have been convicted of an aggravated felony such as murder, sexual assault, drug trafficking, fraud involving at least $10,000, burglary, or bribery.

People who do not have lawful permanent resident status may qualify for cancellation of removal if they have resided in the United States continuously for at least 10 years, can demonstrate that they have good moral character, and have not been convicted of any crimes that would cause them to be deportable. In these cases, a person will need to show that their removal from the United States would cause extreme hardship to a close family member (their spouse, child, or parent) who is a U.S. citizen or has a valid green card. Non-permanent residents who receive a cancellation of removal may also qualify for an adjustment of status that will allow them to become lawful permanent residents.

Non-permanent residents who have been the victims of domestic abuse may be able to qualify for cancellation of removal even if they do not meet the continuous residence requirements described above. A person who has suffered battery or extreme cruelty at the hands of a spouse or parent who is a U.S. citizen or green card holder may be eligible for cancellation of removal if they have resided in the United States continuously for at least three years.

Contact Our DuPage County Cancellation of Removal Attorneys

If you or a member of your family have become involved in deportation proceedings, you will want to understand your legal options. Unzueta Law Group, P.C. can help you determine whether you qualify for cancellation of removal, and we can help you demonstrate that you deserve to stay in the United States. To get legal help with these or other immigration issues, contact our Itasca deportation defense lawyers today at 630-509-2363.

Sources:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229b&num=0&edition=prelim

https://www.ilrc.org/sites/default/files/resources/relief_cancellation_removal_lpr_11.2020.pdf

https://www.ilrc.org/sites/default/files/resources/non_lpr_cancel_remov-20180606.pdf