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When Can a Person Avoid Deportation Through Cancellation of Removal?

Posted on in Immigration

b2ap3_thumbnail_shutterstock_300476897.jpgImigrants will often establish lives in the United States alongside their family members, and they may maintain steady employment, pay taxes, and build ties to their communities. After living in the U.S. for multiple years, potential deportation may completely upend a person’s life and cause a great deal of difficulty for them and their families. Fortunately, immigrants may have multiple options in these situations, and in some cases, a person may qualify for cancellation of removal, which will allow them to receive an adjustment of status and become lawful permanent residents.

Eligibility for Cancellation of Removal

Deportation is also known as removal. Those who qualify for cancellation of removal will be able to avoid being deported, and their legal status may be adjusted to lawful permanent resident, allowing them to receive a Green Card. Those who currently have a valid green card but are involved in deportation proceedings due to deportability or inadmissibility may receive a cancellation of removal if they have been a lawful permanent resident for at least five years, have lived in the United States for at least seven years, and have not been convicted of an aggravated felony.

Immigrants who are facing deportation and who do not have a Green Card may also be able to qualify for cancellation of removal, although they may need to meet additional requirements. They must have been living in the United States for at least 10 years, and they must have good moral character. They will also need to show that their deportation would cause unusual and exceptional hardship for one or more immediate family members (including their spouse, children, or parents) who are U.S. citizens or lawful permanent residents.

There are a number of factors that may make a person ineligible for cancellation of removal, including:

  • Criminal convictions - Offenses that are considered to be crimes of moral turpitude, such as murder or sexual assault, will disqualify a person for most forms of immigration relief. Convictions for other types of offenses may also affect a cancellation of removal application, including felonies with aggravating factors such as the use of a deadly weapon, possession or distribution of controlled substances, unlawful use or possession of firearms, domestic violence, stalking, child abuse, or violation of an order of protection.

  • Poor moral character - Even if a person has not been convicted of a crime, evidence that they have engaged in drug or alcohol abuse, excessive gambling, or prostitution may affect their case.

  • National security - If a person is accused of engaging in espionage, sabotage, or terrorism, or other activities that threaten the national security of the United States, they may be ineligible for an adjustment of status.

  • Previous cancellation of removal - A person who previously received relief from deportation will be ineligible for cancellation of removal for a second time.

Contact Our Dallas County Cancellation of Removal Attorneys

If you are facing deportation, you will need a legal advocate on your side who can help you determine your options for relief and ensure that you provide the correct information to immigration officials. Our firm can assist with applications for cancellation of removal, and we will help you gather and submit the necessary evidence to demonstrate why you should be able to remain in the United States permanently. Contact our Grand Prairie deportation defense lawyers at 214-609-2242 to get legal help with your case.

Sources:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229b&num=0&edition=prelim

https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

https://media.law.miami.edu/clinics/pdf/2013/immigration-Cancellation-Removal-non-LPR.pdf

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