Deportation / Removal Defense
Cancellation of Removal
If you have been placed in deportation proceedings, you may be eligible for Cancellation of Removal (under INA 240A). This immigration relief is available to Non-Permanent Residents (Non-LPRS) and Lawful Permanent Residents (LPRS).
Cancellation of removal for NON-LPRS
In order to be eligible the person must show that:
- He has been continuously residing in the United States for the last ten years
- Must be a person of good moral character for the last ten years
- Must not been convicted of certain offenses
- And must prove that his or her removal (deportation) from the U.S. would result in “exceptional and extremely unusual hardship” to his or her spouse, parent or child, who is a US citizen or lawful permanent resident.
The “exceptional and extremely unusual hardship” requirement is a difficult standard to meet and requires the help of an experienced immigration attorney.
Cancellation of removal part for LPRS
Under INA §240A(a), an LPR is eligible for cancellation of removal if he or she:
- Has been an LPR for at least five years,
- Has resided in the United States continuously for seven years after having been admitted in any status;
- Has not been convicted of an aggravated felony (For individuals that have been convicted of an aggravated felony, INA 212(c) may be available if the crime was committed before April 24, 1996.)
- Merits a favorable exercise of discretion
In addition to meeting the equipments listed above, the Immigration Judge will look at the following discretionary factors in determining if an LPR is eligible for cancelation of removal:
The favorable factors include:
- Family ties in the United States
- Employment history
- Service in the U.S. armed forces
- Hardship to U.S. family and to the LPR if deported
- Value and service to the community
- Other evidence of good moral character
Adverse factors include:
- Nature and circumstances of the ground of removal
- Additional violations of the immigration laws
- Nature, recency, and seriousness of the criminal record
- Other evidence of bad moral character
Cancellation of Removal for LPRS and Non-LPRS is a complicated and time consuming process which requires the help of an experienced immigration attorney. The attorneys at the Law Offices of Yuri Tsyganov, PL. have a tremendous amount of experience defending people in immigration court, including Cancellation of Removal relief from deportation. We know how the system works and may be able to come up with a strategy that will keep you or your loved ones in the U.S. If you are detained, we will visit you or your loved ones at the immigration detention facility. Do not wait before it’s too late. Time is always of the essence when it comes to deportation. Call today to schedule your Free Consultation.