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.
What Is The Processing Time For Cancellation Of Removal?
No case is identical. There are numerous factors to consider and they can make the processing time vary a lot from one case to another one. Based on our experience, non-expedited docket cases at the Orlando Immigration Court take on average between 1 and 2 years.
What Happens If Cancellation Of Removal Is Denied?
If cancellation of removal is denied, and all other forms of relief are also denied, the individual will receive an Order of Removal (aka Deportation Order, but Order of Removal is the proper terminology). In most cases, it does not mean the individual will automatically be taken into custody, or sent to their home country. Individuals have a right to an appeal. Those individuals with criminal history, or past immigration violations have a greater risk of being taken into custody. Each case is different.
Facing Removal From The United States? Contact Us Today
Cancellation of removal might be a form relief available to you and, if done properly, may prevent family separation. However, these are very complex cases that should be handled by a highly experienced cancellation of removal attorney. If you or someone you care about is facing removal from the United States, please contact our experienced immigration Attorneys today. Our early intervention may be the difference between a denied and an approved cancellation of removal application. We have helped many clients in the past and will be happy to help you too. Call us at 407-502-3000 to setup a consultation. You may also fill out our online form located on this page and we will get back to you shortly. We have a 24-hour emergency service. Your privacy is very important to us and we will keep your information confidential.
