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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Ms. Starkey Hahn has devoted her entire legal career to the practice of immigration law. She has helped thousands of satisfied individuals and companies achieve their immigration goals by providing trustworthy and effective legal advice. Ms. Starkey…

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