Have you been living in U.S. for many years but now government is trying to deport you for criminal history and/or serious violations of immigration laws ? 

Are you facing deportation and worried you will need to leave your U.S. citizen family behind?

Cancellation of Removal may be a way to help you stay in the U.S. and avoid deportation.  Cancellation of removal is a form of discretionary relief wherein the person’s removal orders are stopped or cancelled. A cancellation of removal is beneficial in that it provides you with residency status ‘green card’ without the fear of removal. Cancellation of removal is not available for all aliens who face removal. Different standards of eligibility are applied to lawful permanent residents (LPR) as opposed to non-LPR’s.

Lawful Permanent Residents who face removal are eligible for cancellation of removal if the person:

1. Has been an LPR for at least 5 years;
2. Has continuously (without break) resided in the U.S. for a minimum of 7 years after their lawful admittance into the country before the “stop-time rule” is triggered (which is commonly triggered by committing certain criminal offenses);
3. Has never been convicted of an “aggravated felony” (the term “aggravated felony” is more broadly defined in immigration law than in normal criminal settings);
4. Have not received cancellation of removal or INA 212(c) relief in the past; and
5. As a matter of discretion, you deserve to be granted an approval.

For non-permanent residents facing removal, cancellation is only available if the person:

1. You have been physically present or have accrued presence in the US for a continuous period of not less than 10 years before the filing of the application.
2. Has demonstrated that they are person of “good moral character” during the 10 years
3. Have never been convicted of certain crimes or offenses as defined by statute.
4. Your being removed from the U.S. would cause “exceptional and extremely unusual hardship” to your U.S. citizen or lawful permanent resident (LPR) spouse, child, or parent;

Having an expericend immigration attorney on your side can help increase your chances of success with your Cancellation of Removal case. Cancellation for Non-Permanent residents requires that you establish that a removal would result in an exceptional and extremely undue hardship to your spouse, child, parent, who is present in the United States and is a citizen or alien lawfully admitted for permanent resident. It could be extremely difficult to obtain because the standard of hardship is so high to meet. It is not enough to show that a U.S. citizen or LPR relative would suffer financially, emotionally, and physically. Instead, there must be proof that the qualifying relative would suffer to a degree that goes above and beyond the type of suffering that would normally be expected when a close relative is deported.

Call us today to discuss your case. We prepare your case carefully, strategize on documentation, witness identification, argument formation. We represent our clients  in the initial filing and through the entire court case and trial, increasing your chances of approval.