Who qualifies for cancellation of removal?
There are several types of cancellation of removal:
Cancellation of Removal for Certain Permanent Residents
(a) Cancellation of removal for certain permanent residents may occur in the case of an alien who is inadmissible or deportable from the United States if the alien--
- has been an alien lawfully admitted for permanent residence for no less than 5 years
- has resided in the United States continuously for 7 years after having been admitted in any status, and
- has not been convicted of any aggravated felony
If you are a permanent resident in removal proceedings, please contact one of our experienced deportation defense attorneys in Orlando today. There may be other forms of relief or defenses available to you in addition to cancellation of removal.
Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
(b) Cancellation of removal and adjustment of status for nonpermanent residents may occur if the alien--
- has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
- has been a person of good moral character during such period;
- has not been convicted of an offense under section 212(a)(2), 237(a)(3) [8 USCS 1182(a)(2), 1227(a)(2), or 1227(a)(3), (Some of the criminal activity includes, crimes involving moral turpitude, drug offenses, violent crimes, etc… Please contact an immigration attorney if you have ANY criminal history) subject to paragraph (5) and;
- establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.