Cancellation of Removal
Please note, Si Habla Español.
For Lawful Permanent Residents (green card holders) Cancellation of Removal is a form of relief that allows permanent residents the opportunity to remain in the United States and avoid deportation or removal from the United States. Cancellation of Removal may be available for a lawful permanent resident
(1) If he or she has been a non-citizen lawfully admitted for permanent residence for not less than five years
(2) If he or she has resided in the United States continuously for seven years after having been admitted to the United States with any status
(3) If he or she has not been convicted of any aggravated felonies. In addition, the law requires the court to consider other factors, or “equities” that can make all the difference in a close case.
Positive Factors Our attorneys stress the positive factors that courts look for, such as the applicant’s:
• Family ties within the United States
• Long duration of residence within the United States
• Evidence of hardship to the applicant and their family if removal occurs Service in the U.S.
Armed Forces
• History of employment
• Existence of property or business ties
• Proof of genuine rehabilitation if a criminal record exists
• Evidence attesting to the respondent’s good character
• Evidence of value and service to the community
Adverse, or negative, factors the court will consider include the nature of the circumstances for removal, the presence of additional significant violations of U.S. immigration law, existence of a criminal record and, if so, its nature, recency, seriousness, and other evidence indicative of bad character or undesirability.
Non-Lawful Permanent Residents
We are also able to handle Cancellation of Removal cases for applicants who are non-lawful permanent residents. To be eligible for this relief, a non-citizen must have 10 years of continuous physical presence in the United States prior to the application and good moral character. Additionally, if removed, the non-citizen must demonstrate exceptional and extremely unusual hardship to the non-citizen’s spouse, parent, or child, who themselves must be a United States citizen or lawful permanent resident.
Removal and Adjustment of Status
Adjustment of Status is the process through which a non-citizen, who is physically present in the United States, becomes a lawful permanent resident. As such, Adjustment of Status is an alternative to obtaining an immigrant visa through a United States consulate abroad. The attorneys at Millar & Smith, PLLC are able to guide clients through the often murky eligibility requirements. We assist our clients in demonstrating that they were physically present in the United States at the time the application was made, that they were admitted or paroled in to the United States following inspection by an immigration officer, and that they are not deportable.
Voluntary Departure
A non-citizen may also request to voluntarily depart the United States as a defense to Deportation and Removal. The attorneys at Millar Fagan-Smith, PLLC guide our clients to demonstrate eligibility for voluntary departure. Here are some of the issues to consider when seeking voluntary departure: First, a non-citizen must request voluntary departure and agree to all its terms and conditions. Second, the non-citizen may apply for voluntary departure at any United States Immigration and Customs Enforcement office. Finally, the non-citizen must present a passport or travel document to this office to assure the non-citizen can lawfully enter into the country to which he or she is deporting. Our attorneys can also assist in obtaining voluntary departure from an immigration judge, where the non-citizen must prove an additional set of requirements, including making a request for voluntary departure prior to or during the master calendar hearing, making no additional requests for relief, conceding removability, waiving appeal of all issues, and having not been convicted of a crime described in pertinent immigration laws. Grants of voluntary departure can range from 30 to 120 days and often require that the non-citizen post a bond insuring their timely departure.