Cancellation of removal and adjustment of status are both types of relief
from deportation. Whether an immigrant is entitled to either type of relief
depends purely on the circumstances surrounding his or her case. Adjustment
of status may be available if a noncitizen has been admitted and inspected
and is otherwise eligible for admission to the U.S. An individual may
be able to adjust his or her status to that of a lawful permanent resident
if there is a visa number immediately available to him or her. In most
cases, if a visa number is available, it is through an immediate relative.
Adjustment through any other type of visa would normally require that
the immigrant have a valid immigration status. On the other hand, there
are two different types of cancellation of removal; one is for lawful
permanent residents, and the other is for certain nonpermanent residents.
Cancellation of removal is a request to terminate removal proceedings
and either maintain one’s immigration status or obtain immigration
status. In order for a lawful permanent resident to apply for cancellation
of removal, he or she must meet certain conditions:
- Lawfully admitted for permanent residence for five years
- Continuous resided in the U.S. for seven years
- Not convicted of an aggravated felony
- Situation merits a favorable exercise of discretion
Cancellation of removal is available only one time. It is essentially
a “second chance” to remain in the U.S. In order for certain
nonpermanent residents to be eligible for cancellation of removal, they
must meet the following conditions:
- Physically present in the U.S. continuously for at least ten years
- Been a person of good moral character for ten years
- Never convicted of certain offenses under federal immigration law that
would make you inadmissible or deportable
- Removal would result in exceptional and extremely unusual hardship to his
or her U.S. citizen or lawful permanent resident spouse, parent, or child
- Situation warrants a favorable exercise of discretion
Keep in mind, however, that this type of cancellation of removal is only
available in the rarest of circumstances, and these conditions are extraordinarily
difficult to meet. At
Landerholm Immigration, A.P.C., we care about you and your family, and want to help you preserve your
home in the United States. Cancellation of removal and adjustment of status
are only two of the many potential defenses to deportation that may be
relevant to your case. If you or a family member fears deportation, you
need to speak with an experienced immigration attorney right away. We
focus our law practice solely on deportation defense cases, which allows
us to expend all of our efforts in standing up for the rights of those
who are facing potential deportation, including those who are seeking
asylum. Our California deportation defense lawyers know how to gather
persuasive evidence to support your case and we know all of the procedural
ins and outs of the U.S. deportation system. Allow us to handle your deportation
case by contacting us today to schedule an
appointment
.
