Cancellation of Removal and Adjustment of Status: What's the Difference?

Cancellation of Removal and Adjustment of Status: What's the Difference?

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 .
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