The Albarado Law Firm, P.C.

Could cancellation of removal help you stay in the country?

You may call the United States your home and feel that you belong here. You may have lived here for years, held a job and carried out other actions that made you feel as if this country held more of your life than your native country ever did. However, you may still face some apprehensions in relation to potentially being removed from the country.

Deportation and other removal acts are a serious concern of many immigrants. If you have received notice of deportation or been detained as part of the removal process, you may feel frightened for yourself and your family. You may also wonder whether any options exist that could help you remain in the country that you call home.

Cancellation of removal

One way in which you could potentially stop deportation efforts involves the cancellation of removal. This act works toward changing your immigration status from deportable to lawfully admitted for permanent residence. In order to obtain this type of adjustment, you must apply for this benefit as part of your removal hearing, and an immigration judge must approve your application.

Stipulations for cancellation

Different stipulations must be met depending on your current immigration status. If you are a lawful permanent resident, you must meet the following qualifications:

  • Held lawful permanent resident status for a minimum of five years
  • Have no convictions for aggravated felony charges
  • Continuously lived in the country for a minimum of seven years after lawful admittance

If you hold a non-permanent resident status, you must meet the following stipulations:

  • Have no convictions for removable offenses, such as aggravated felonies
  • Been physically present in the United States for a minimum of 10 years
  • Have good moral character
  • Ability to show that removal would cause undue hardship on your immediate family who hold citizenship or lawful permanent resident status

If you have faced domestic violence and hold non-permanent resident status, you may qualify for cancellation of removal through the following requirements:

  • Have good moral character
  • Have had a continuous physical presence in the United States for a minimum of three years
  • Have not committed any deportable offenses
  • Deserving of favorable discretion from an immigration judge in regard to your application
  • Evidence that removal would cause undue hardship on you or your child

Your specific circumstances could have impacts on your application as well.

Applying for cancellation

Because a great deal could hinge on the approval of your application for cancellation of removal, you may want to obtain reliable legal information regarding this and other options. Additionally, because any dealings with immigration services can prove complex, you may find it helpful to have a legal advocate on your side. Speaking with a Texas attorney could help you better understand your rights and options.

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