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Criteria for cancelling a removal order

| May 28, 2021 | Uncategorized

Immigrants in Kentucky that are facing deportation and removal proceedings might be eligible to apply for a cancellation of removal as long as they meet the eligibility criteria. This type of application is made before the immigration law judge, and the judge can use its discretion to decide whether or not to grant it. If a person receives a cancellation of removal, they will be allowed to remain in the U.S. and apply for a green card.

Eligibility for a cancellation of removal

Before an immigrant can apply for a cancellation of removal, they must first meet the eligibility criteria. The criteria differ, depending on whether the person is a lawful permanent resident or not. For a lawful permanent resident, the eligibility criteria include the following:

  • Has held lawful permanent residence status for five or more years
  • Has lived in the U.S. for at least seven years continuously after first being admitted lawfully
  • Has not received an aggravated felony conviction as defined under the immigration laws

For someone who is not a lawful permanent resident, the eligibility criteria include the following:

  • Has been continuously present in the U.S. for 10 or more years
  • Has had a good moral character during the entire time they have been present in the U.S.
  • Has not been convicted of a deportable offense
  • Has family members who would face extreme hardship if they were removed

People who are the victims of domestic violence and are non-residents may also be eligible for cancellation of removal as long as they have been physically present in the U.S. for three years, have a good moral character, are not inadmissible, and have family members who would experience extreme hardship if they were deported.

Securing a cancellation of removal is not guaranteed even if you meet the eligibility criteria. The ultimate decision will be up to the judge. However, an immigration lawyer might help to gather evidence and present the matter in a more compelling way to try to secure one.