Cancellation of Removal in Deportation Proceedings

Updated on Monday 28th November 2016

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According to the U.S. Immigration Law, any individual who is not a U.S. citizen can be removed from the country if he or she is convicted for certain types of crimes or deeds. However, it is possible, depending on the crime or deed that was committed, for a person who has lived in the U.S. as a legal permanent resident for a set period of time, to apply for a pardon. This type of pardon is named cancellation of removal. In certain cases, a cancellation of removal can be given to a non-permanent resident.
 

Cancellation of removal for legal permanent residents in the U.S.


A legal permanent resident in the U.S. can be eligible for cancellation of removal in deportation proceedings if he or she meets the following requirements:

•    he or she must have been a legal permanent resident for minimum five years;
•    he or she must have resided continuously in the country for minimum seven years after legally entering the U.S. and prior to receiving the notice to appear at the removal proceeding; and
•    he or she should not have been convicted for an aggravated crime.

Furthermore, the legal permanent resident has to fill in a certain form. Our immigration lawyers in Miami can provide assistance in regards to where to find it and how to fill it in.
 

Cancellation of removal for non-permanent residents in the U.S.


According to the Immigration and Nationality Act (INA), cancellation of removal can be available for non-permanent residents in the U.S. if they comply with the following conditions:

•    they have resided continuously in the U.S. for minimum ten years;
•    they proved to be individuals of impeccable moral character during their stay in the country;
•    they have not been subject to any consequences from a conviction of any crime stipulated in INA. An immigration attorney in Miami can provide further information on what these crimes consist of;
•    it can be proven that their removal would cause extreme and exceptional suffering to their spouses, parents or children who are lawful residents or citizens of the U.S.

If you consider you might have a case for cancellation of removal in a deportation proceeding or if you have further inquiries about this type of relief, please get in touch with a Miami immigration lawyer to discuss your options concerning immigration in the U.S.

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