What Are the Requirements to Qualify for Cancellation of Removal?

What Are the Requirements to Qualify for Cancellation of Removal?

Cancellation of removal is a broad legal remedy that may be available to some undocumented immigrants who find themselves in deportation proceedings. There are different types of cancellation of removal for which you may be eligible, depending on the facts and circumstances surrounding your situation. If you are found to be eligible for cancellation of removal, you can avoid deportation and become a lawful permanent resident, which means that you will get your green card and be able to legally work and live in the U.S. All of the different situations that can result in cancellation of removal have some similar requirements. First, you must be able to prove that you have been continuously present in the U.S. for a certain period of time. Depending on your situation, you may be required to prove that you have been continuously living in the U.S. for a period of three years, or as much as ten years. Evidence that you can use as proof of your continuous residence includes things like income tax returns, paycheck stubs, mail with a U.S. address, medical records, receipts, and school records. Next, you typically must prove that you are of “good moral character” in order to be eligible for cancellation of removal. Although it sounds fairly simple, providing proof of good moral character is not always as easy as it seems, particularly if you previously have been convicted of one or more crimes while living in the U.S. Your best bet to maintain good moral character is to avoid any criminal conduct or violent behavior at all times. Finally, most categories of cancellation of removal require that you show proof of family hardship that would occur if you were deported from the U.S. You will have to provide proof that you have family in the U.S. who love and depend upon you for some type of support. Depending on your situation, you may even have to show proof of exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent family members if you were deported. Landerholm Immigration, A.P.C., knows federal immigration law and has the experience to guide you and advocate on your behalf throughout any type of deportation proceeding, whether or not you are detained during this process. We are familiar with the wide range of defenses that are available to individuals facing deportation, and how to build the strongest defense that is available to you, based on the evidence relevant to your case. Contact your California deportation defense lawyers today and discover what we can do for you.
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