Cancellation of Removal Detroit MI
Cancellation of Removal is a form of defensive immigration relief, that is available to someone once he or she is placed in removal proceedings. This form of immigration relief cannot be awarded more than once, even if the applicant desires to seek cancellation of removal for a basis that is completely different from another occasion. There are different limitations and requirements for persons that are not Lawful Permanent Residents, and persons that are Lawful Permanent Residents (LPRs), that are set forth in the Immigration and Nationality Act (INA), which are addressed in very brief details below.Cancellation of Removal under INA section 240A(b)(1), if awarded in Immigration Court, allows the non-Lawful Permanent Resident to obtain lawful permanent residency and stay in the United States. If the non-Lawful Permanent Resident is placed in removal proceedings because he or she is deportable and/or inadmissible, he or she must satisfy the following criteria:
1. the person has been physically present in the United States for at least 10 years;
2. the person has good moral character for at least 10 years;
3. the person has not been convicted of certain crimes listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3);
4. the persons removal would cause an exceptional and extremely unusual hardship to the individual's lawful permanent resident or US citizen spouse, child, or parent (also known as a qualifying relative).
The granting of cancellation of removal immigration cases is extremely rare, because the standard of "exceptional and unusual hardship" is very high and often difficult to prove to the discretion of the assigned Immigration Judge. This type of relief should only be pursued if the individual is already facing removal proceedings; the non-citizen should not purposely place him or herself into removal proceedings to try to obtain cancellation of removal, even if the individual has a very compelling case. The Immigration Judge has wide discretion to decide whether the non-citizen possesses good moral character, and if an exceptional and extremely unusual hardship actually exists, so there is a risk of losing (even with a compelling case). Also, Immigration Courts are limited by the United States Congress in the number of cancellations of removal they are supposed to grant each year, and therefore they try to issue this relief very sparingly. If the individual does not qualify for cancellation of removal (because of criminal or antiterrorism grounds, the individual is crewman who entered after June 30, 1964, in individual is considered a certain J visa exchange visitors that did not satisfy their 2 year requirement, the individual previously used cancellation of removal, or does not meet other requirements outlined above) the Immigration Judge has absolutely no discretion to approve cancellation of removal for humanitarian or other compelling reasons.
Another type of cancellation of removal potentially applies to non-Lawful Permanent Residents is for spouses and children who have been battered or who are the victims of extreme cruelty, under the Violence Against Women Act (VAWA). The applicant for VAWA cancellation of removal must establish all of the following requirements:
1. individual has been battered by or suffered extreme cruelty from a Lawful Permanent Resident or US citizen abuser, or is the parent of a child who suffered such abuse;
2. must be present in the US for 3 years before applying;
3. would suffer extreme hardship, or that his or her child or parent would suffer extreme hardship, if the individual was removed;
4. good moral character during the period of physical presence;
5. is not inadmissible or deportable due to certain crimes (including, but not limited to, aggravated felonies), terrorism grounds, marriage fraud, false claim of US citizenship, failure to register, or providing false documents;
6. merits a favorable exercise of discretion
Another type of cancellation of removal may be available to Lawful Permanent Residents pursuant to INA section 240A(a) waiver and a INA section 212(c) waiver. Under INA section 240A(a) a Lawful Permanent Resident can potentially avoid deportation by attempting to establish the following:
1. Must be an Lawful Permanent Resident for at least 5 years;
2. Must have resided in the United States continuously for 7 years after lawful admission;
3. No aggravated felonies, cancellation of removal, INA 212(c) relief, or suspension of deportation in the the past;
4. Does not fall into other categories such as being a terrorist, persecutor, certain crewmen, or an exchange visitor;
5. Is able to convince the Immigration Judge that the positive factors for keeping the individual in the US outweighs the reason for removal of the individual.
INA section 212(c) is another type of relief that gives Lawful Permanent Residents a potential opportunity to avoid deportation despite the fact that they are inadmissible or deportable. This is a very convoluted, complex area of immigration law with many potential pitfalls and hazards, for which an immigration expert is mandatory. The reason a non-citizen pursues INA section 212(c) relief is because it gives the Immigration Judge the discretion to waive all grounds of inadmissibility if the non-citizen qualifies under the provisions of INA section 212(c), and also the burden is often easier to meet than the standard of "extreme hardship" under INA section 212(h). INA section 212(c)'s general requirements are that the inadmissibility or deportation is based on one or more convictions from before April 1, 1997, the individual did not receive cancellation of removal before, and the non-citizen must have 7 years of lawful unrelinquished domicile.
The above information about cancellation of removal is subject to change at any time, and is only intended to provide general information. The information that you are reading in no way is a substitute for the need to retain a zealous, experienced, and capable immigration lawyer to give you great advice and to fully and fairly defend your immigration case. There is also the existence of policy, statutory law, and case law that may modify the interpretation of the requirements for cancellation of removal. Also, there may be "stop clock" provisions based upon certain criminal convictions of the individual that may impact an Immigration Judge's calculation of how long the non-citizen was deemed to be physically present in the United States . There may be other forms of immigration relief available to the individual, depending upon the circumstances and prior history of the individual, who does not qualify for cancellation of removal, which may (or may not) include the following: asylum, CAT (Convention Against Torture), withholding or removal, 212(h) waiver, I-192, I-212, 601, 601A, U visa, S visa, T visa, CSPA, are a few of the other options that may (or may not) apply to your situation. An individual with immigration issues involving deportation and inadmissibility issues should always seek legal advice and representation from an outstanding immigration lawyer, such as the lawyers at Hilf & Hilf, PLC.