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Could you qualify for cancellation of removal?

| Jan 17, 2018 | Immigration and Naturalization

Many people call the United States home. Numerous individuals were born here and obtained automatic citizenship, and others may have gone through certain legal routes in order to gain permanent residency, temporary visas or citizenship. For most of the individuals in the latter category, coming to America was a considerable step in their lives that allowed them to find better opportunities.

Some individuals may not have followed the proper procedures for entering or remaining in the country. If you are one of these individuals or know someone in this type of predicament, you may worry about possible removal actions, such as deportation. Though this type of situation can prove difficult to handle, options for remaining in the country exist for qualifying parties.

Cancellation of removal

Under certain circumstances, you may qualify for discretionary relief from removal. It typically involves adjusting your residency status so that you can remain in the country legally. One form of discretionary relief relates to the cancellation of removal. With this method, your status would change from “deportable” to “lawfully admitted for permanent residence.”

Qualifications for this relief

If you are a non-permanent resident, you must meet the following criteria in order to gain eligibility for cancellation of removal:

  • Have not been convicted of an offense that constitutes removal, such as any aggravated felony or kidnapping
  • Have had a continuous physical presence in the U.S. for a minimum of 10 years
  • Have maintained a status as an individual of good moral character
  • Have the ability to show that removal would cause extreme and unusual difficulties on immediate family

However, just because you feel you meet the eligibility requirements, it does not mean that immigration officials will cancel your removal. You must submit an application, and your case will go through an approval process. Because the process can take some time, you may wish to begin learning more about your options as soon as possible. You may also wish to note that victims of domestic violence and permanent residents have their own sets of criteria to meet.

Applying for relief

Because any issue related to immigration can prove daunting and challenging, especially when it comes to removal, you may already feel overwhelmed. Luckily, you do not have to face this situation alone, and available resources could help you obtain useful information. If you wish to do so, you could enlist the assistance of a New Jersey attorney to help you combat deportation or other removal acts.

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