Cancellation of Removal Grosse Pointe MI
Cancellation of Removal is a type of immigration relief that is available to someone once he or she is placed in removal proceedings, which is a potential defense to deportation from the United States. Cancellation of Removal is a once in a lifetime immigration opportunity, and will be denied if the applicant seeks it for a second time, even if the applicant desires cancellation of removal for a basis that is completely different from the previous occasion. There are different rules and limitations under US immigration law 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 below.Cancellation of Removal under INA section 240A(b)(1) allows the non-Lawful Permanent Resident to become a Lawful Permanent Resident (a green card holder), and to avoid deportation. If the non-Lawful Permanent Resident is placed in removal proceedings because he or she is deportable and/or inadmissible and is seeking INA 240A(b)(1) Cancellation of Removal, he or she must satisfy all of the following requirements to the satisfaction of an Immigration Judge:
1. the person has been physically present in the United States for at least ten years;
2. the person has good moral character for at least ten 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).
It is rare for an Immigration Judge to order Cancellation of Removal, because the standard of proof of "exceptional and unusual hardship" is very high burden and often difficult to prove to the satisfaction of the Court. Cancellation of Removal should only be pursued if the non-Lawful Permanent Resident or Lawful Permanent Resident is already in removal proceedings; a person should not eek to be placed into removal proceedings on purpose to try to obtain Cancellation of Removal, even if the individual believes he or she has a very strong and compelling case. The Immigration Court has the power to rule whether or not the applicant possesses the requisite good moral character, and has power to decide whether or not an exceptional and extremely unusual hardship actually exists. Also, Immigration Courts have limitations in the number of Cancellations of Removal they are permitted to grant each calendar year, and therefore the Immigration Court usually reserves this form of relief for very selected cases. 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, is considered a certain J visa exchange visitors that did not satisfy their two year requirement, previously was granted Cancellation of Removal, or does not meet all of the other requirements outlined above) the Immigration Judge will not approve Cancellation of Removal application, no matter what the hardship.
The Violence Against Women Act (VAWA) is also a form of Cancellation of Removal for non-Lawful Permanent Residents who are ether the spouses and children of a US citizen or Lawful Permanent Resident abuser, that have been subjected to battery or who are the victims of extreme cruelty by that abuser. To receive Violence Against Women Act Cancellation of Removal the applicant 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 (being a victim of someone without either of these statuses will not work for VAWA purposes);
2. must be present in the US for three 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
Under immigration law in the United States there are other varieties of Cancellation of Removal for Lawful Permanent Residents (green card holders) which 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 and remain in the United States by attempting to prove the following with the Immigration Court:
1. Must be an Lawful Permanent Resident for at least five years;
2. Must have resided in the United States continuously for seven 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 a variety of immigration relief that gives Lawful Permanent Residents a chance to avoid a United States deportation despite the fact that they are determined to be inadmissible and/or deportable. This is a very complex and unforgiving area of immigration law with many potential pitfalls and obstacles, for which an immigration law expert is absolutely mandatory. The reason INA section 212(c) relief is desirable is due to the fact that it [unlike other forms of relief] gives the Immigration Court the ability to waive all grounds of inadmissibility, 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 of the person is based on one or more criminal convictions from before April 1, 1997, the individual has never received Cancellation of Removal on another occasion, and the non-citizen must have seven years of lawful unrelinquished domicile in the United States.
The above information about Cancellation of Removal is subject to modification, change, or repeal at any future point in time, and is only intended to provide general information to encourage you to seek help from a licensed immigration specialist. The information that you are reading is not a replacement for hiring professional immigration legal counsel to give you correct legal advice, to develop a sound legal strategy, and to fully and properly defend your immigration case. There is also the existence of other government policy, case law, and statutory law that may modify the requirements for Cancellation of Removal, such as "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 Cancellation of Removal. There may (or may not) be other forms of immigration help available to the person, depending upon his or her prior personal history and the facts and circumstances of their situation, such as any of the following: I-192, I-212, 601, 601A, asylum, CAT (Convention Against Torture), withholding or removal, 212(h) waiver, U visa, S visa, T visa, CSPA, etc.. A non-citizen with a date to appear in an Immigration Court should always seek legal advice and representation from a trusted, professional immigration lawyer, such as the lawyers at Hilf & Hilf, PLC.