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Eligibility rules for cancellation of removal from the country

On Behalf of | May 25, 2018 | Deportation Defense

Many immigrants have made homes in Florida, but barriers often block their path to lawful residence. An application known as a cancellation of removal could enable a person to attain a status of lawfully admitted for permanent residence instead of able to be deported. A person can submit this application when confronted by a removal hearing and potentially prevent deportation.

For people who are already lawful permanent residents, they might qualify for the cancellation of removal if they meet the criteria. They must have lived in the United States for at least seven years and been a lawful permanent resident for at least five years. They cannot have any convictions for aggravated felonies.

A lengthier list of requirements will confront applicants who are non-permanent residents. They must have lived continually in the country for at least 10 years. During this period, they must have displayed good moral character. Immigration officials determine moral character case by case, but typically a person must not have committed any felonies, lied to receive government benefits, smuggled people or participated in prostitution. Additionally, a person must show that deportation would inflict hardship on close family members who are citizens or lawful permanent residents. The guidelines also include special considerations for applicants who are the victims of domestic violence.

When a person faces the prospect of deportation, the representation of an attorney may help the person to understand legal options for staying in the country. An attorney might develop a deportation defense after examining the circumstances of the person’s life. To demonstrate eligibility to stay in the country, an attorney may gather documentation about the person’s life in the United States and details about close family members. In addition to preparing immigration paperwork, an attorney may strive to communicate the person’s case clearly during a hearing.