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Cancellation of Removal

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If you have been charged for criminal activity or overstayed the duration of your visa, you are eligible of face charges of removal if you are in the midst of deportation from the United States. However, cancellation of removal gives you the relief that can sufficiently prevent a removal order from being approved. Although it is not available for all aliens, an immigration judge can administer cancellation of removal, which results in a grant of a green card to an eligible non-permanent resident and green card retention for lawful permanent residents.

What are the Requirements for Cancellation of Removal?

If you are facing deportation proceedings and have already been served a Notice to Appear (NTA) by the United States government, you are eligible to apply for cancellation of removal. The process for an individual dealing with removal charges depends on if the alien is a non-permanent resident or a legal permanent resident.

The following are the requirements in order to apply for cancellation of removal:

  • Non-Permanent Residents
    • Been present in the country for a minimum of ten years
    • Demonstrate removal would result in severe hardship to immediate family members, who are already U.S. citizens or legal permanent residents
    • Demonstrate “good moral character”
      • Most provide serious conviction on their records
  • Legal Permanent Resident Requirements
    • They continuously lived in the U.S. for at least seven consecutive years
    • Legal permanent resident status must be valid for a minimum of five years
    • Cancellation of removal cannot be administered to immigrants convicted of an aggravated felony charge under federal law

Let Our Experienced Legal Team Fight for Your Residency

At The Law Office of Rosina C. Stambaugh, we work diligently to help our clients resolve their immigration matters for over a decade. With our vast knowledge of immigration laws, we are capable navigating through the legal system in order to give you and your family the right to stay in this country.

At The Law Office of Rosina C. Stambaugh, we've earned an exceptional reputation for exceeding client expectations. If you are seeking comprehensive legal assistance, contact our York attorney.

Contact us and request your initial consultation today.

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