Cancellation of Removal
Cancellation of removal is a way to try and stop the deportation process. Cancellation of removal involves filling out forms that need to be filled out while the immigration case is still open. The cancellation of removal forms needs to be filled out as soon as you are notified. There are many different qualifications to be eligible for the cancellation of removal, and this blog post will go over the minimal qualifications. Of course, like most items, there is more that goes into than filling out forms. Some of those items include meeting with immigration judges for your case. If you have met these upcoming requirements, you will still need to provide evidence to prove to the immigration judge that you are an honest person. The cancellation of removal forms for both a non-lawful permanent resident (NPR) and a lawful permanent resident (LPR) can be found on the United States Department of Justice website.
Non-Lawful Permanent Resident Cancellation of Removal
A non-lawful permeant resident is a person that is not legally recognized by the law but has lived in the United States for an extended period of time. To change one’s status to a lawful permanent resident from a non-lawful permanent resident one must meet these four items:
- Be able to prove that they have been physically present for 10 years before they were notified that they must appear
- Lawful permanent resident family members, such as a parent, a spouse, or a child, would suffer an unusual extreme hardship if a non-lawful permanent resident was removed
- Be able to prove that one has been a good moral character over the past 10 years, while a non-lawful permanent resident
- Not be convicted of a certain criminal offense and violated certain laws
Lawful permanent Resident Cancellation of removal
A lawful permanent resident is a green card holder. This means that they are here legally. The cancellation of removal for a lawful permanent resident is of course much simpler compared to the non-lawful permanent resident. Lawful permanent residences have not as many hoops to jump through. For the lawful permanent residents there are only three requirements need to be met to qualify, these three requirements are:
- Only 5 years as a lawful permanent resident
- 7 years residency in the united states that is continuous
- No aggravated felony convictions
A couple of things to remember about the cancellation of removal for lawful permanent residents is that no hardships have to be shown, unlike the non-lawful permanent residents. The other important thing to know is that there is no limit on how many cancellations of removals that they do every year.
Whether you’re a non-lawful permanent resident or a lawful permanent resident, let us know so we can assist with the process of the cancellation of removal! The cancellation of removal forms might be a little hard to interpret. So, if you need assistance to have a better understanding of the cancellation of removal forms, let us know. We can help because our team here at Joey Gilbert Law know immigration law. We are a Reno law firm, and we will fight for you.