Cancellation of Removal for Non-Permanent Residents
Our immigration attorneys at the Law Offices of Shorstein, Lasnetski, & Gihon help people who do not have a greencard obtain Cancellation of Removal in the Orlando Immigration Court. If you or a loved one is is in deportation proceedings in the Orlando Immigration Court, call us now to discuss eligibility for Cancellation or Removal.
Cancellation of Removal is a form of relief from deportation in immigration court. In other words, even if a person is deportable, the immigration judge may be able to allow the person to not only stay in the United States, but also obtain a greencard. Even if the person came into the United States without
There are two types of Cancellation of Removal - 1) Cancellation of Removal for Lawful Permanent Residents, and 2) Cancellation of Removal for Non-Lawful Permanent Residents. In order for a Non-Permanent Resident to be eligible for Cancellation of Removal, they must be able to establish the following elements:
- Physically present in the United States for a continuous period of 10 years
- Have you been in the United States for 10 years before you were served with a Notice to Appear for deportation proceedings?
- Have you been in the United States for 10 years before committing a criminal offense that makes you deportable or inadmissible?
- Good Moral Character for 10 years
- Have you been employed, paid taxes, paid child support, volunteered for non-profit organizations, supported family members? These are just some of the factors an Immigration Judge would take into consideration to determine whether you have good moral character.
- Not convicted of an offense that would make you inadmissible or deportable
- Have you been convicted of a crime. If so, it may make you ineligible for Cancellation of Removal.
- Exceptional and Extremely Unusual hardship to a United States citizen or Lawful Permanent Resident spouse, parent or child
- Do you have a USC spouse, parent, or child who would incur exceptional and extremely unusual hardship if you were deported? If so, you may be eligible for cancellation of removal (if you otherwise qualify based on the other listed elements). You must establish not only that the immediate relative would incur hardship, but that it would be exceptional and extremely unusual.
- Warrants a favorable exercise of discretion.
- Do you warrant a favorable exercise of discretion? The immigration judge will consider the following factors:
- Family ties in U.S.
- Residency of long duration in the U.S.
- Evidence of hardship to the respondent and family if deportation occurs
- Service in Armed Forces
- History of employment
- Existence of property or business ties
- Existence of value and service to community
- Proof of genuine rehabilitation if a criminal record exists
- Evidence attesting to a respondent’s good character
- Nature and underlying circumstances of grounds of removal
- additional significant immigration violations
- existence of criminal record
- other evidence of bad character or undesirability.
If the immigration judge grants Cancellation of Removal, you will not deported and you will get a greencard.
You are only eligible to obtain Cancellation of Removal once. If you have previously obtained Cancellation of Removal, you would not be eligible to apply again.
After an Immigration Judge finds that you are deportable, and if you are eligible for Cancellation of Removal, you would file Form 42B along with all accompanying documentary evidence with the Immigration Court. The Immigration Judge would schedule you for an Individual Hearing, which is very similar to a trial. The Immigration Judge would hear all of the evidence and would make the decision whether to grant Cancellation of Removal. Both the government attorney and your attorney would submit evidence, present witnesses and make arguments to the Immigration Judge.
You can appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA). The BIA will look at the evidence that was presented to the Immigration Court and can reverse the Immigration Judge's decision.