Cancellation Of Removal
There are few things in immigration law more frightening than facing removal proceedings. Deportation is the term most people use to refer to the act of being removed from the United States. Once the removal process is set in motion, it can be challenging to halt. Look to an attorney for help in fighting your deportation and protecting your right to live and work in the United States.
At Polizzotto & Polizzotto, LLC, we have extensive experience handling all types of immigration petitions, applications and defense. If you or a loved one is facing deportation, it is crucial that you act quickly to get an experienced New York lawyer on your side.
Cancellation Of Removal For Nonpermanent Resident
Due to numerous circumstances, a nonpermanent resident might face deportation. The removal process can be stressful to the entire family and can ultimately prevent you from ever re-entering the United States. Fortunately, a process called cancellation of removal exists to help you continue living and working in the U.S.
Several factors must be addressed to qualify for cancellation of removal:
- You must show that you have been continuously physically present in the U.S. for at least 10 years.
- During that 10-year period, you must show that you have been a person of good moral character.
- You must show a clean criminal record — no convictions that would otherwise make you inadmissible to the country or deportable.
- You must show that your deportation would cause exceptional and extremely unusual hardship to you, your spouse, your children or your parent(s).
It is important to remember that cancellation of removal is a discretionary form of relief. Even if you can show that you meet all of the eligibility requirements, the judge could still deny the cancellation of removal.
Cancellation Of Removal For Green Card Holders
Under immigration law, individuals who are not yet citizens can be removed from the United States in certain circumstances. Most commonly, removal proceedings are initiated after an individual commits a crime. Many people believe that a green card holder is protected from deportation. This is not correct. A green card holder can face removal proceedings — but he or she also has certain defenses at his or her disposal.
It might be possible to retain your green card if you meet certain eligibility requirements and can prove that:
- You have been a lawful permanent resident for at least five years.
- You have continuously resided in the U.S. for at least seven years.
- Your criminal record shows no felony convictions.
- You have not been awarded a cancellation of removal at any time in the past.