After taking the necessary steps to obtain a visa and enter the United States, whether as a nonimmigrant or lawful permanent resident, the idea of being removed from the country can be terrifying. However, if you are going through the deportation process, you may be able to apply for a cancellation of removal. It’s important to understand that only a limited amount of these are granted annually and there are a considerable number of qualifications that determine eligibility. As such, the following blog explores what you should know about these matters and why it’s in your best interest to connect with an experienced New York City deportation defense lawyer as soon as possible.
How Does a Cancellation of Removal Work?
If you are a non-immigrant or lawful permanent resident, applying for cancellation allows an immigration judge to essentially cancel your deportation, allowing you to remain in the United States. Once you are approved, you can obtain legal permanent resident status.
In the United States, only 4,000 of these cancellations are granted annually, and it is entirely discretionary. This means it is ultimately up to the judge to determine whether or not to grant this, assuming you meet all the qualifications.
Who Can Apply for this Relief?
Generally, if you are a lawful permanent resident facing deportation or removal, the following qualifications make you eligible to apply for a cancellation of removal:
- Have lived in the United States for seven continuous years
- Have been a lawful permanent resident for at least five years
- Have not been convicted of an aggravated felony
If you are a non-permanent resident, you may qualify for ten-year or three-year cancellation. The ten-year cancellation can be granted if you have maintained a physical presence in the country for ten straight years and maintained good moral character. Some actions that would impact your moral character include, but are not limited to:
- A murder conviction
- Sentenced to prison for more than 180
- Engaged in prostitution
- Suffers from alcohol abuse issues
- Lied to obtain U.S. immigration benefits
For those who have not been in the United States for ten years, you may qualify for a three-year cancellation. If you meet the following requirements, you may be granted a cancellation:
- You or your child have been a victim of domestic violence at the hands of a green card holder or U.S. citizen
- You or your child lived with an abusive spouse or parent of the child
- You maintained a continual presence in the country for three years
- You maintained good moral character
- You would suffer extreme hardship upon removal
If you meet the requirements, you may begin applying for a cancellation of removal. To do so, it’s in your best interest to connect with an experienced immigration attorney. At the Law Office of Jason A. Dennis, we understand how complex these matters can be, which is why we will do everything possible to assist you. Connect with us today to learn more.
