Cancellation of Removal Farmington 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 (it cannot be filed affirmatively). This form of immigration relief is a one time opportunity, even if the applicant desires to seek cancellation of removal for a basis that is completely different from another occasion. There are different restrictions and qualifications 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, allows the non-Lawful Permanent Resident to obtain Lawful Permanent Residency (a green card) 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 pursuant to INA section 240A(b)(1):
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 not very common, because the standard of "exceptional and unusual hardship" is very high burden and often difficult to prove to the discretion of the assigned Immigration Judge. This type of relief should only be pursued if the non-Lawful Permanent Resident or Lawful Permanent Resident is in 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 strong 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 not being successful and facing deportation (even with a strong 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 only issue this relief in very limited circumstances. 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 will not approve cancellation of removal, even if it will cause a large hardship.
The Violence Against Women Act (VAWA) is another type of cancellation of removal for non-Lawful Permanent Residents who are spouses and children that have been battered or who are the victims of extreme cruelty. 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 (green card holder) or United States 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
Other types of cancellation of removal for Lawful Permanent Residents (green card holders) include INA section 240A(a) waiver and a INA section 212(c) waiver. Under INA section 240A(a) a Lawful Permanent Resident (green card holder) 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 chance to avoid deportation despite the fact that they are inadmissible and/or deportable. This is a very complex, convoluted area of immigration law with many potential pitfalls and hazards, for which an immigration law expert is absolutely 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, and also the burden for the non-citizen applicant 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 of the non-citizen is based on one or more convictions from before April 1, 1997 (the date is critical), 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 or modification at any point in 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 hire a zealous, aggressive, and experienced immigration lawyer to give you great advice and to fully and fairly defend your case. There is also the existence of other statutory law, government policy, 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 in order to qualify for immigration relief. There may be other forms of immigration relief available to the individual, depending upon the individual's prior personal history and the facts and circumstances of their situation, 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, etc.. A non-citizen who is facing 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.