If you are facing deportation and need to protect your immigration status, there may be some options available to you. We realize that you may be facing one of the most frightful situations of your life, as the ICE may order you back to your home country if you are not able to win your case. Cancellation of removal may be a means of recourse if you are undergoing deportation proceedings.
What is Cancellation of Removal?
Cancellation of removal can be opted for during an individual’s proceedings by nonpermanent or permanent residents given that they meet certain requirements. There are separate requirements for nonpermanent and permanent residents.
For the permanent residents, the requirements include:
- You have been a lawful permanent resident of the U.S. for 5 or more years
- You have maintained continuous residence in the country for 7 years between times of legal admittance into the country
- You have not been convicted of an aggravated felony
For the nonpermanent residents, the requirements include:
- You have maintained a physical presence in the United States for 10 years before receiving the notice to appear
- You have proven yourself to be a person of good character during those 10 years
- You have not been convicted of a criminal offense under a specific classification
- You have a family member that is a lawful permanent resident or citizen of the U.S. who would suffer extreme hardship if you were deported.
This is a limited form of relief, but if granted, will allow you to gain or preserve your residency in the U.S. To start, you will need to file form EOIR-42A
Applying for Cancellation of Removal
Filing an application for a cancellation of removal is the first step to maintaining your status or gaining status as a permanent resident. You will want to work with a Phoenix immigration attorney from Kanu & Associates, P.C. to get started and find out what options you have available.
Don’t wait! Contact us for your initial consultation today!