Non-permanent and permanent Kentucky residents worried about immigration status can apply for cancellation of removal. This legal procedure is where a judge transfers a plaintiff’s status from deportable alien to an admitted resident. Read on to learn more about the cancellation of removal and its required conditions.
Considerations — Lawful permanent residents
A judge can issue a cancellation of removal if a plaintiff has been a legal resident for no less than five years. On top of this, the court wants any applying plaintiff to be a resident for at least seven consecutive years.
An important consideration is criminal history. The plaintiff cannot have an aggravated felony conviction. Aggravated felony covers a broad range of offenses. Your attorney of record can determine if any criminal history will impact your court appearance.
Considerations — Non-permanent residents
Non-permanent residents will be under tighter scrutiny when seeking cancellation of removal from the court. If you are considered an alien, here are some criteria the court will review:
- Plaintiff has maintained good moral character for 10+ years.
- There have been no criminal convictions that make an alien removable.
- Plaintiff can prove removal would result in hardship on immediate family members who are U.S. citizens or lawful permanent residents.
Considerations — Domestic abuse victims
A non-permanent resident suffering battery or extreme cruelty by a family member can file for cancellation of removal if they meet the criteria. This includes living in the U.S. at least three years, hardship and good moral character, to name a few. A lawyer with experience in deportation/removal/immigration bonds might be able to ensure your application fits the criteria before you appear.
The judge will grant or deny cancellation of removal applications. It’s important to have legal representation with experience in deportation and elements like immigration bonds. If there’s concern about the court forcing you to leave the country, reach out to an immigration lawyer.