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Deer Park NY 11729

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Long Island Cancellation of Removal Attorney

Cancellation of Removal

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:

  1. He or she has been lawfully admitted for permanent resident for at least five years (the time as a conditional resident counts; also, a person who obtained LPR status by mistake or fraud will be deemed as not having been “lawfully” admitted);
  2. He or she has resided continuously in the U.S. for 7 years after having been admitted in any status (watch out for the stop time rule which declares that continuous residence is deemed to end upon service of the NTA or commission of certain crimes that render the alien inadmissible or removable); and
  3. He or she has not be convicted of an aggravated felony (watch out – not all state felonies are aggravated felonies; in fact, some misdemeanors can be aggravated felonies).

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:

  1. He or she has been physically present for a continuous period of not less than 10 years immediately prior to the date of the application;
  2. He or she has been a person of good moral character for 10 years;
  3. He or she has not been convicted of an offense under INA 212(a), 237(a)(2) or 237(a)(3); and
  4. He or she establishes that removal would result in exceptional and extremely unusual hardship to a USC or LPR spouse, parent or child.

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.