Cancellation of Removal

Cancellation of Removal Proceedings

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Im facing removal proceedings, Im out of status, have lived in the USA for more than 10 years, previous to that I came during my school years where I completed all my primary and high school education. I have two kids (twins) us citizens (under 21) with congenital deformities and minor developmental delay.

I do have one offense in my background, but I was reading that with one offense with less than a one year sentenced theres a petty offense exception that can be use.

Please let me know if by applying this petty offense exception theres a possibility my removal proceeding could be cancel.  Thank you, Im desperately looking for positive information.

Cancellation of removal requires that you have good moral character and have not been convicted of crimes codified in INA §212(a)(2), §237(a)(2), or §237(a)(3). These statutes contain a laundry list of crimes for which there are some exceptions. We will need to know where the crime occurred, what you were convicted of and when this occurred to see if you are eligible.

US Department of State Lists Eight Countries as Religious Freedom Violators

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On May 11, 2009 the US Department of State designated Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan as “countries of particular concern” for religious freedom violations.  While this determination was made in connection with any immigration laws, it can be used to support certain types of immigration petitions where the applicant has suffered religious persecution.

Religious persecution can be an element of a political asylum petition, j-1 visa waiver petition as well a defense to removal (deportation).

Read the full report here.

Cancellation of Removal for Nonpermanent Residents

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Cancellation of removal for nonpermanent residents allows foreign nationals in the US who are currently in removal proceedings to remain in the US an obtain permanent residency (green card).  Removal may be canceled if the application meets the following four conditions:

1.  The applicant is currently in removal proceedings because he or she is inadmissible or deportable;

2.  The applicant has been physically and continuously present in the US for ten years;

3.  The applicant has had good moral character for that period of time;

4.  The applicant must not have been convicted of certain criminal offenses; and

5.  The applicant must demonstrate that removal would cause exceptional and extremely unusual hardship to his or her lawful permanent resident (LPR) or US citizen spouse, child or parent.

An applicant is barred from obtaining cancellation of removal if:

1.  He of she has previously been granted cancellation of removal, suspension of deportation or other relief under INA Section 212(c);

2.  He or she has persecuted others or is inadmissible under security or related grounds;

3.  He or she entered as a crewman after June 30, 1964;

4.  He or she was a J-1 visa holder for the purpose of graduate medical training; and

5.  J visa holders who are subject to INA Section 212(E) and have not completed the two year home residency requirement nor have received a J-1 visa waiver.

If the judge grants the applicant’s request for cancellation of removal, then the applicant will be able to adjust to lawful permanent resident (green card).  If the judge denies the applicant’s request for cancellation, he will enter an order of removal and the applicant will be removed from the US

Cancellation of Removal for Lawful Permanent Residents

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Cancellation of removal is a form of discretionary relief available to all lawful permanent residents (LPRs) who are in removal proceedings.  Removal may be cancelled if the application meets the following four conditions:

1.  The applicant has been an LPR for at least five years;

2.  The applicant has resided continuously in the US for seven years after having been admitted in any status;

3.  The applicant has not been convicted of an aggravated felony; and

4.  The applicant has not previously received a grant of cancellation or suspension of deportation.

Cancellation of removal is only available in immigration court before a judge.  Also, because this form of relief is discretionary, the application must demonstrate to the judge why he should exercise his discretion in favor of the applicant.

Positive factors include family ties in the US, residence of long duration in the US, evidence of hardship to the applicant and family if removal occurs, service in the US military, employment history, business and property ties, evidence of value and service to the community, proof of genuine rehabilitation if applicant has a criminal record and any other evidence of applicant’s good character.

Negative factors include the nature and underlying circumstances of the grounds of removal, the presence of additional immigration violations, the existence of a criminal record and any other evidence of bad character or undesirability.

If the judge grants the applicant’s request for cancellation of removal, then the judge is effectively forgiving the basis of the removal proceeding and the application will retain his or her permanent residency and can remain in the US.  If the judge denies the applicant’s request for cancellation, he will enter an order of removal and the applicant will be removed from the US and will lose his or her LPR status.