Have you been placed in removal (deportation) proceedings? You might qualify for a green card through a Non-LPR (lawful permanent residents) Cancellation of Removal or LPR (lawful permanent residents) Cancellation of Removal if you meet several conditions. The below is not legal advice; you should consult an experienced immigration lawyer at JRQ & Associates to discuss the possibility of one of these options.
How do I qualify for a Non-LPR Cancellation of Removal?
You must meet the following conditions to qualify for this type of relief:
- You have been physically present in the United States for at least 10 years prior to the date the notice to appear has been issued. The clock stops running if you have a single absence of more than 90 days; 180 days through multiple absences; you’ve received a notice to appear in Immigration Court; or, you have left the United States through a voluntary departure order. There may be other ways in which the clock stops running and the burden of proof is on you to show that you have been continuously in the United States for the full 10 years. Our immigration attorneys will review your situation to determine if you meet this condition.
- You must show that you have good moral character. There are many ways in which an Immigration Judge can determine that you do not have good moral character, such as violating certain laws or being convicted of certain crimes, so you must speak to an experienced immigration attorney at JRQ & Associates to determine if you may meet this requirement.
- You must show that your deportation will result in exceptional and extremely unusual hardship to the qualifying relatives that are United States citizens or lawful permanent residents. A qualifying relative in this context includes a spouse, parent, or child that is a United States citizen or a lawful permanent resident. The qualifying relative must experience more than normal hardship that occurs when you are separated through deportation. While this is a tough condition to meet, there are several ways in which you can meet the exceptional and extremely unusual requirement. An experienced immigration attorney at JRQ & Associates will evaluate your situation and advise whether your circumstances meet this required standard.
It’s incredibly important to obtain an experienced immigration lawyer to handle your case because even if you meet the basic requirements of this type of relief, a Judge still has discretion to deny your application. An immigration lawyer will know all of the ins and outs and give you a much better chance of obtaining approval.
How do I qualify for LPR Cancellation of Removal?
You must meet the following conditions for this type of relief:
- You have been a lawful permanent resident (LPR) of the United States for at least 5 years prior to the time of your application. An experienced immigration attorney at JRQ & Associates will advise as to what evidence will suffice to meet this requirement.
- You have continuously resided in the United States for at least 7 years prior to the notice to appear at a removal proceeding. Again, we will advise you of the evidence that is needed to meet this condition.
- You must not have violated certain laws or been convicted of certain crimes.
Again, it doesn’t necessarily you mean you will win your case if you meet the above requirements because a Judge has an incredible amount of discretion in determining whether you deserve to stay. There are many things that the Judge will consider; an experienced immigration attorney knows all of the factors that the Judge will consider and will greatly improve your odds of winning your case.
Our firm offers a free immigration consultation with an experienced lawyer. We will thoroughly review your circumstances and advise whether you are able to meet the required conditions for these types of relief. Call today to talk with an attorney and schedule an appointment.