Cancellation of Removal

Non-LPR Cancellation of Removal

To qualify for non-LPR Cancellation of Removal from the U.S., the applicant must be in removal proceedings before the immigration court and must prove:

  • Evidence of presence in the U.S. for ten years or more prior to the issuance of the Notice to Appear;
  • That he or she has maintained good moral character (see section 101(f) of the INA);
  • The applicant has not been convicted of an offense covered under sections 212(a)(2), or 237(a)(3) of the INA; and
  • If the applicant were to be removed, it would result in exceptional and extremely unusual hardship to a U.S. citizen or Lawful Permanent Resident spouse, parent, or child.

LPR Cancellation of Removal

To qualify for LPR Cancellation of Removal from the U.S., the applicant must prove:

  • The applicant has been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed;
  • The applicant has been in continuous residence in the U.S. for at least seven years after being admitted in any status and before the stop-time rule is triggered;
  • They have not been convicted of an aggravated felony;
  • They have not received cancellation of removal or 212(c) relief in the past; and
  • They merit favorable discretion.

Violence Against Women Act (VAWA) Cancellation of Removal

In order to qualify for Cancellation of Removal as a battered spouse, the applicant must prove:

  • The applicant has been battered or subjected to extreme cruelty in the U.S. by their U.S. citizen or Lawful Permanent Resident spouse or parent, or they are the parent of a child who has been battered or subjected to extreme cruelty in the United States by a citizen or Lawful Permanent Resident parent;
  • Prior to the service of the Notice to Appear, the applicant has maintained continuous physical presence in the United States for three (3) years or more and has been a person of good moral character as defined in section 101(f) of the INA;
  • The applicant is not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA. They are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and they have not been convicted of an aggravated felony as defined under the INA;
  • Their removal would result in extreme hardship to themselves or to their child who is the child of a United States citizen or Lawful Permanent Resident; or the applicant is a child whose removal would result in extreme hardship to themselves or their parent; and
  • They are deserving of a favorable exercise of discretion on their application.

The Law Offices of Sheila Starkey Hahn, PC welcomes you to contact us for information about how we can assist you in a removal matter.

Sheila Starkey Hahn

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Sheila Starkey Hahn has devoted her entire legal career to the practice of immigration law. With offices in up-state New York, Memphis and Washington DC, Ms. Starkey Hahn focuses her practice on employment-based immigration. She assists established c…

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