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Cancellation of Removal is a commonly sought-after form of relief for an individual subject to removal (deportation) from the United States. This form of relief is available to legal permanent residents (LPRs) and those who are non-LPRs. The requirements for cancellation of removal differ for LPRs and non-LPRs.
Cancellation of Removal for LPRs
To be eligible for cancellation of removal, an LPR must satisfy the following three requirements:
When establishing the above three requirements, the LPR must demonstrate that he or she warrants relief as a matter of discretion. The immigration judge will balance the adverse factors evidencing the individual’s undesirability as a LPR with the social and humane considerations presented on his or her behalf to determine whether the granting of relief appears to be in the best in interest of the U.S.
Cancellation of Removal for Non-LPRs
To be eligible for cancellation of removal, a non-LPR must satisfy the following four requirements:
A person ineligible for cancellation of removal if he or she was previously granted cancellation of removal, 212(c) relief, or the individual is deportable or inadmissible for security reasons, determined to have persecuted others, or was a person admitted on a J visa. If you are in removal proceedings, you should immediately gather with an experienced immigration lawyer who can fully evaluate your case and identify whether you are eligible for cancellation of removal. Contact the Law Firm of Kyce Siddiqi right away for a consultation.