Two forms of cancellation of removal as deportation defense are:
- For legal permanent residents (LPRs or green card holders)
- For individuals who are not permanent residents
In the case of an LPR at risk of deportation, an immigration judge may agree to cancel the person’s removal from the United States. Cancellation of removal for an LPR requires that the individual has physically resided continuously in the U.S. for seven years or longer and has been lawfully admitted as a permanent resident for at least five years. He or she should have no aggravated felonies on record. Finally, an immigration law judge will decide the case on the basis of merit.
For an individual who is not a legal permanent resident, he or she may seek cancellation of removal and adjustment of status for nonlawful permanent residents. The individual may be out of status or have entered the U.S. without inspection. In either case, he or she must demonstrate 10 years of continuous presence in the United States, good moral character, and that removal would result in exceptional and extremely unusual hardship to his or her U.S. citizen or LPR spouse, parent or child. This individual must also not be convicted of a crime that makes him or her inadmissible or deportable.
Although these are the statutory requirements under INA 240(A), there are many potential pitfalls in applying for cancellation of removal. An attorney at Godoy Law Office, can help you navigate around these pitfalls. One such pitfall is the stop time rule that interrupts the accrual of continuous physical presence.
Contact Us About Deportation Defense For A Visa Holder Or A Legal Permanent Resident (LPR)
Godoy Law Office, in Chicago is available to evaluate your situation, advise you and represent you through the process of applying for cancellation of removal.
What will be your most effective immigration defense? Cancellation of removal? We can evaluate your case and offer knowledgeable direction and guidance.