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Cancellation of Removal

Cancellation of Removal is a discretionary form of relief which allows an outsider to remain in the United States as a lawful permanent resident even though he has been found removable.

This form of relief is discretionary on the part of the immigration judge and is available to individuals who are already lawful permanent residents (LPRs) as well as those who have no legal immigration status.  .

Before the judge pronounces cancellation of removal, the individual must prove that he meets the statutory requirements needed for the relief.  There is a different set of requirements of cancellation for both LPRs and non-LPRs.

Cancellation Requirements for Non LPRs (Those who are not Lawful Permanent Residents of USA)

Cancellation requirements for non-LPRs or even those LPRs who don’t meet the LPR cancellation criteria imply that the individual:

  • Has been physically present in the United States for the immediate 10 years prior to the service of the notice to appear,
  • Has not been convicted of certain enumerated crimes,
  • Has good moral character,
  • Has proved that his removal would cause exceptional and extremely unusual harm to another qualifying U.S. citizen or LPR such as his parent(s), spouse, or child.

Cancellation Requirements for LPRs (Lawful Permanent Residents of USA)Cancellation Requirements for LPRs imply that the individual:

  • Has lived in the United States for at least 7 years after admission to the United States in any status
  • Has been an LPR for at least 5 years,
  • Has not been convicted of an aggravated felony.

Process for Cancellation of Removal

Documents Required

First of all, the following documents will be needed to carry on with the proceedings:

  • Investment/Bank Statements of individual
  • Evidence of their home country conditions that may result in exceptional and extremely unusual hardship to the qualifying relative
  • Their attendance. The individual must be present during the removal proceedings to be eligible for application of cancellation of removal/deportation. If they aren’t present in the removal proceedings but believe that they may be eligible for cancellation of removal, then they can request that the U.S. Immigration Service to serve them with a Notice to Appear and then transfer the case to the Immigration Court.

Stage One – Form Submission

This step involves the preparation and filing of form EOIR 42 B or EOIR 42 A, together with the U.S. Immigration Service filing fee, within the Immigration Court.

Stage Two – Testimony

During this step, the individual’s  testimony is prepared after which they  appear at a Master Calendar Hearing and an Individual Hearing. During these hearings, the individual will have to present evidence in the form of documents, affidavits and testimony that will establish that their qualifying relatives will suffer exceptional and extremely unusual hardship if the individual is ordered to be removed. (Note that the burden of proof is extremely high).

Stage Three – Decision

If the Immigration Judge determines that the said individual has met his or her burden, the removal proceedings will be cancelled, resulting in the granting of legal permanent residence to them.

Filing Fees

Fees for form EOIR B (for illegal individual) or form EOIR A (for legal permanent resident) varies.

(Click here to verify the U.S. Immigration Service fees as they are changed regularly).

Other Deportation Defenses & Waivers

When an immigrant violates certain U.S. criminal and immigration laws, they can be deported or removed from this county. This includes the permanent residents as well, who are also known as green card holders. In addition, you may need to file one of the many waivers that exist in immigration.

Contact a Charlotte deportation defense attorney at Johnson & Nicholson today for capable legal representation and more information about cancelation of removal.

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