Are you an immigrant who is facing deportation from the United States? Do you want to remain in the country but not sure about your options under the law? At Beasley Law Firm, we are committed to using our years of experience to assist immigrants throughout Texas and guide them through each phase of the legal process. Our goal is to protect the rights of all our clients by vigorously advocating for them both in and out of the courtroom. Keep reading to find out if you are eligible for cancellation of removal.
What Is Cancellation of Removal?
Cancellation of removal (COR) is an option that some people can take advantage of to obtain relief from deportation or removal. There are two types of COR:
- COR for Non-Permanent Residents
- COR for Lawful Permanent Residents
COR for Non-Permanent Residents
To apply for cancellation of removal as a non-permanent resident, you must have an open deportation or removal case in immigration court before an immigration judge. If you don’t have a court date with an immigration judge, then you are ineligible for cancellation of removal.
Additionally, if you have appeared in immigration court in the past and your case was closed after you received a final order of removal or deportation from the judge, then you are also ineligible to apply for cancellation of removal. The only exception to this is if you can successfully convince the immigration court to issue a motion to reopen your case.
It is important to note that cancellation of removal is a discretionary type of relief. This means that the immigration judge can choose to deny your case, even if you meet all of the eligibility requirements.
You will need to prove the following in order to qualify for cancellation of removal as a non-permanent resident:
- 10 Year Residence: You have to prove you have been living in the U.S. continually for the past decade. The 10-year timeframe starts from the date you entered the country until the date that the Department of Homeland Security issued a Notice to Appear in Immigration Court. Leaving the country for a 90-day period can render you ineligible for the residency requirement.
- Good Moral Character: You must prove to the judge that during your 10-year stay in the United States, you have been a person of good moral character.
- Family in the U.S.: You need to provide proof that you have a parent, child, or spouse who is a resident alien or citizen of the United States.
- No Convictions Eligible for Deportation: There are specific criminal offenses that will disqualify you for cancellation of removal and make you inadmissible or deportable instead.
- Exceptional & Extremely Unusual Hardship: You must prove that being deported from the U.S. would cause “exceptional and extremely unusual hardship” for you, your spouse, child, or parent.
COR for Lawful Permanent Residents
Even immigrants with green cards can face deportation. One of the most common ways lawful permanent residents end up in deportation proceedings is because they have been convicted of a crime.
If you have a green card and are facing removal proceedings, you might be eligible for COR if you can prove the following:
- You have been a lawful permanent resident for at least five years at the time you file your application.
- You have continually lived in the United States for at least seven years after being admitted in any status and before the “stop-time rule” is triggered.
- You haven’t been convicted of an aggravated felony.
- You haven’t been awarded cancellation of removal or 212(c) relief in the past.
Consult with an Experienced Immigration Lawyer Today
At Beasley Law Firm, we know that countless cancellation of removal cases are denied by immigration courts because applicants lack adequate evidence or fail to prove “exceptional and extremely unusual hardship.” We are familiar with what it takes to successfully qualify for cancellation of removal, and we are prepared to walk you through all of your options under the law. When you choose Beasley Law Firm to represent you, you can trust that we will use our extensive resources to fight for you.
To speak to a member of your legal team about your case, please give us a call today at (210) 361-7772.