What Are the Different Kinds of Cancellation of Removal?

Cancellation of removal is a type of relief from deportation that is available to both lawful permanent residents and non-permanent residents in certain circumstances. Individuals with either type of status must meet certain criteria in order to be eligible for cancellation of removal. There are many different reasons that a lawful permanent resident might face deportation. For example, a lawful permanent resident might face removal if he or she is convicted of a certain crime. In order to be eligible to file for cancellation of removal, an individual must have been a lawful permanent resident for at least five years, and must have continuously lived in the U.S. after lawful admission for at least seven years. An individual also cannot have a conviction for a crime that is classified as an aggravated felony. Non-permanent residents face deportation because they have no lawful status to remain in the U.S. In order for a non-permanent resident to qualify to file for cancellation of removal, he or she must have continuously resided in the U.S. for at least ten years and be of good moral character. An individual cannot be convicted of certain crimes while living in the U.S. and cannot have served a prison sentence of 180 days or more. There also must be evidence that deporting the individual would cause an “exceptional and extremely unusual hardship” for the family members that they would leave behind in the U.S. Victims of domestic violence also may be eligible for cancellation of removal if they cooperate and assist law enforcement authorities with prosecuting their abusers. Landerholm Immigration, A.P.C., has extensive knowledge of federal immigration laws, as well as state laws that impact the rights of immigrants. We have the experience to guide you and advocate on your behalf throughout any type of deportation proceeding, no matter what the allegations may be. We know the various defenses to deportation that are available to you, and how to build the strongest defense that is available to you, based on the evidence supporting your case. Contact your California deportation defense lawyers today, and discover what we can do for you.