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Cancellation of removal

General information

Both non-permanent residents and permanent residents may bs subject to removal. Below are the requirements to have that removal cancelled by the immigration judge.

 

Cancellation of removal for non-permanent residents
  1. Physical presence in the U.S. for at least 10 years
    1. Criminal offense or time outside of the U.S. may stop time from accruing
  2. A person of "good moral character"
  3. Not convicted of a crime involving moral turpitude, controlled substance offense, or aggravated felony
  4. Removal would result in "exceptional and extremely unusual hardship" to U.S. Citizen or Permanent Resident spouse or child

 

 
Cancellation of removal for lawful permanent residents
  1. Permanent Resident for 5 years
  2. 7 years continuous residence in U.S. after admission in any status
    1. Criminal offense may stop time from accruing
  3. Not convicted of an aggravated-felony
 
 
FACTORS CONSIDERED BY THE IMMIGRATION JUDGE
  1. Strong family ties in U.S.
  2. A long residency in the U.S.
  3. Evidence of hardship to family and self if deported
  4. Served in Armed Forces
  5. Solid history of employment
  6. Property owner or individual with ties to business
  7. Evidence of service to the community
  8. Proof of rehabilitation
  9. Evidence of good character
 

There maybe other factors relvant to your specific case so it is always good to consult with an attorney if you are in removal proceedings.

justin@jrandolphlaw.com

Justin G. Randolph
Law Office of Justin G. Randolph | Free Consultation
53 W. Jackson Blvd., Suite 1234
Chicago IL 60604 United States of America
1 (312) 663-1560
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