Cancellation of Removal

Cancellation of RemovalCancellation of Removal under section 240(b) of the Immigration and Nationality Act (INA) for non-permanent residents is a relief available to Respondents who entered the United States Without Inspection or Visa and are able to establish eligibility in a Court hearing before an Immigration Judge (IJ).

 

Eligibility for Cancellation of Removal Generally

Generally, you may qualify for cancellation of removal if you fit into the following categories:

A. 1. Prior to the service of the Notice to Appear “NTA”, Respondents “you” have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;

2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and

3. Your removal would result in exceptional and extremely unusual hardship to your United States Citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

 

Cancellation of Removal due to Domestic Violence

For victims of domestic violence, the following criteria apply:

B. 1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;

2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral character as defined in section 101(f) of the INA during such period;

3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;

4. a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or

b. You are a child whose removal would result in extreme hardship to you or your parent; and

5. You are deserving of a favorable exercise of discretion on your application.

 

Burden of Proof

The burden of proof is on the you to corroborate the foregoing elements by submitting irrefutable evidence or proof to the IJ, in order to prevail.

 

Do You Qualify For Cancellation of Removal?

Are you in Removal or Deportation proceeding before the immigration Court and entered the United States without inspection or visa?

If so, you may be eligible for cancellation of removal under the immigration nationality act…

Request a consultation from an experienced immigration attorney by calling toll free (866) 941-2229 or by email to schedule an appointment to discuss your specific situation.

Cancellation of Removal” References

www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings

www.justice.gov/eoir/immigration-judge-benchbook-240ab1-standard

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Written by Yolette M. Saintiny, Esq.

Immigration, Real Estate & Family Lawyer Yolette M. Saintiny, Esq., is a member in good standing of the New York state bar, second judicial department since 1995.   Yolette, a zealous attorney and serial entrepreneur has cumulative legal experience in both the for-profit and not-for-profit sectors where she has dedicated her legal knowledge to assisting immigrants in receiving Benefits under current immigration laws; along with seeking legal redress for victims of abuse.   For Legal Services Contact attorney Yolette M. Saintiny in Brooklyn & Manhattan at (800) 691-2949; (718) 493-2122 or direct your written inquiries via email.

Website: http://yolettemsaintinylaw.com/

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