Cancellation of removal for non-permanent residents:
- Physical presence in the U.S. for at least 10 years
- Criminal offense or time outside of the U.S. may stop time from accruing
- A person of "good moral character"
- Not convicted of a crime involving moral turpitude, controlled substance offense, or aggravated felony
- Removal would result in exceptional and extremely unusual hardship to U.S. Citizen or Permanent Resident spouse or child.
Also see VAWA Cancellation of Removal for battered spouses.
Deportation defense cases are very fact specific as well as very difficult. Our office offers free email or phone consultations to determine if we may have a way to assist you.
Cancellation of removal for lawful permanent residents:
- Permanent Resident for 5 years
- 7 years continuous residence in U.S. after admission in any status
- Criminal offense may stop time from accruing
- Not convicted of an aggravated-felony
Judge will balance hardships against the offense or offenses and determine if cancellation is warranted as a matter of discretion.
Factors in favor of cancellation:
- Strong family ties in U.S.
- A long residency in the U.S.
- Evidence of hardship to family and self if deported
- Served in Armed Forces
- Solid history of employment
- Property owner or individual with ties to business
- Evidence of service to the community
- Proof of rehabilitation
- Evidence of good character
Deportation defense cases are very fact specific as well as very difficult. Our office offers free email or phone consultations to determine if we may have a way to assist you.
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