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When it comes to the area of Oak Brook immigration defense, cancellation of removal is an urgent matter. Diligent deportation defense attorneys need to act fast, collect evidence, and build a strong case.

Deportation Defense Strategies for Cancellation of Removal

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 non-lawful 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 an Oak Brook Immigration Defense Attorney for Help With Cancellation of Removal

For issues of Oak Brook immigration defense, cancellation of removal, green cards, ICE holds, deportation, and more, we collaborate closely with our clients and their families to determine the most effective approach. We can evaluate your case and offer knowledgeable direction and guidance.

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. Contact us now to get started.

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Illinois State Bar Association
American Immigration Lawyers Association