Cancellation of Removal Attorney in Rancho Cucamonga
What is Cancellation of Removal for Certain Permanent Resident
If you have been served with a Notice to Appear in Immigration Court or have been detained by ICE, it means you are in removal proceedings. In removal proceedings, you may be eligible to have your removal canceled under section 240(A) of the Immigration and Nationality Act (INA). You need a Cancellation of Removal Attorney that’s experienced in Immigration Court. Cancellation of Removal for certain permanent residents is a defense that requires the following:
- You have been a legal permanent resident for at least five years;
- You have at least seven years continuous residence in the United States after having been lawfully admitted in any status; and
- You are not an aggravated felon.
Are all permanent residents eligible for Cancellation of Removal?
No, certain permanent residents are not eligible for cancellation. These are those who:
- Entered the U.S. as a crewman after June 30, 1964;
- Were admitted to the U.S. as, or later became, a nonimmigrant exchange alien to receive a graduate medical education or training, regardless of whether you are subject to or have fulfilled the 2-year foreign residence requirement.
- Were admitted to the U.S. as, or later became, a nonimmigrant exchange alien, other than to receive graduate education or training, and are subject to the 2-year foreign residence requirement but have neither fulfilled nor obtained a waiver of that provision;
- Are an alien who is either inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4) of the INA.
- Are an alien who ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual’s race, religion, nationality, membership in a particular social group, or political opinion; or
- Are an alien who was previously granted relief under section 212(c) of the INA, or section 244(a) of the INA as such sections were in effect prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or whose removal has previously been cancelled under section 240A of the INA.
How can I apply for cancellation of removal for certain permanent residents?
If you meet all the requirements mentioned above, you may apply for cancellation of removal by filing form EOIR-42A with the appropriate Immigration Court. The filing of this form comes with a fee for the filing and biometrics. Also, you must comply with the Department of HomeSecurityuirty (DHS) instructions for providing biometric and biographic information to USCIS. You then serve a copy of your application to the ICE Attorney. The Immigration Judge will require that everything you submit to the court be done in accordance with the Immigration Court Practice Manuel. Hiring a competent Cancellation of Removal Attorney will save you the headache of doing it yourself.
What is cancellation of removal for non-legal permanent residents?
It is a defense in Immigration Court that comes with the benefit of canceling your deportation if you meet the following requirements:
- Before the service of the Notice to Appear (NTA), you have maintained continuous physical presence in the U.S> for ten years or more;
- You have been a person of good moral character during such period;
- You have not been convicted of an offense listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and
- Your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent or child, and you are deserving of a favorable exercise of discretion on your application.
Can all aliens apply for cancellation of removal for non-legal permanent residents?
No, cancellation of removal for non-legal permanent residents has the same ineligibility to certain individuals as listed above and also:
- You are an alien who is either inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4) of the INA.
What other benefits does this defense have?
Besides being able to obtain a legal permanent residence card, you will not be removed from the U.S. during your proceedings. No matter how long your case takes in Immigration Court, you will continue to be eligible for Employment Authorization. This defense is a tough defense to apply for. You need a competent Cancellation of Removal Attorney. Burga Law Firm PC has experience and knowledge on what it takes to win cancellation of removal cases.
What is prosecutorial discretion?
The Department of Homeland Security (DHS) issued memorandums to its ICE officials and DHS Attorneys to offer prosecutorial discretion to certain individuals that were not a high priority. This was done to alleviate the Immigration Court’s docket by focusing only on cases with criminal convictions.
Currently, the DHS is not exercising prosecutorial discretion; but it is willing to review requests on a case by case basis. By having your case administratively closed pursuant prosecutorial discretion, you will not be removed from the country, and you get to continue renewing your Employment Authorization (Work Permit).
If you have any more questions about the cancellation of removal, give us a call at (909) 538-8320 or send us a quick message on our free case evaluation form.