The Form of Relief that Can be Filed as
a Defense to Removal or Deportation


The Form of Relief that Can be Filed as
a Defense to Removal or Deportation

Cancellation of Removal for Non-Lawful Permanent Residents

Individuals facing deportation proceedings before the immigration courts may qualify for Cancellation of Removal for Non-Lawful Permanent Residents, also known as non-LPR Cancellation. The individual must be in removal proceedings to qualify if the following additional conditions are met. The person must have been physically present in the United States continuously for at least 10 years, can show good moral character, have not been convicted of certain criminal offenses. There is an additional important requirement that the person’s deportation would cause exceptional and extremely unusual hardship to their United States citizen spouse, parent, or child, which is the most difficult to prove. These requirements are very complex and should be analyzed closely by a deportation defense lawyer who specializes in removal defense to determine if you meet the above-mentioned requirements. There is a common misconception that just being physically present in the United States qualifies someone for a green card or for cancellation of removal but that is not true.

10 Year Continuous Physical Presence for Removal Defense

An individual must acquire ten years of continuous physical presence in the United States to be eligible for non-LPR cancellation removal defense. This, however, doesn’t mean that short departures outside of the United States will prevent you from establishing the ten-year physical presence. You should consult a deportation defense attorney near you to determine if your absence may prevent you from qualifying for non-LPR cancellation. To establishes this, a good deportation immigration lawyer can help you to provide sufficient documentation or evidence to the Immigration Judge to demonstrate your continued presence in the United States.

This ten-year continuous physical presence requirement will break when the government serves you with a properly executed notice to appear (NTA), which starts your immigration court case. Your time will also be stopped upon the commission of certain crimes, which is explained in more detail below. Your time will only be stopped by an NTA if the NTA is properly executed and meets the INA requirements. Consulting with the best deportation lawyers near you may allow you to challenge your defective NTA.

Best Deportation Lawyers to Help with Criminal Bars

Certain criminal convictions will result in you not being eligible for non-LPR cancellation. An arrest alone may not be sufficient, so hiring the best deportation lawyers to help with criminal bars is crucial. There are many crimes that could be as simple as a theft offense that carried a sentence of a year or more, even if served on probation, to make an individual ineligible for non-LPR cancellation. Therefore, it is important to hire the best deportation defense attorney to analyze in-depth one’s criminal history to understand whether you are barred from receiving non-LPR cancellation relief from removal. Certain crimes, however, qualify for waivers so a good removal defense lawyer near you can help analyze if you qualify for a waiver. It is very important to disclose all your past arrests and criminal convictions to your deportation defense lawyer to assess your eligibility.

Deportation Attorneys to Help with Good Moral Character

Hiring deportation attorneys can help you analyze whether you meet the good moral character requirement which is usually required for the 10 years immediately preceding your application for non-LPR cancellation. In other words, an individual would have to show they have been a person of good moral character for 10 years counting backwards from the time their application is filed. Therefore, if you have any criminal history you have to consult with a good removal defense lawyer because a criminal history, including misdemeanors plays a key role in establishing a good moral character. Also, history of filing and paying taxes, and community involvement will serve you well in making the case that you are an upright individual. The immigration law prevents certain people from proving good moral character, but also the Immigration Judge can use his or her discretion in deciding whether or not an applicant meets this requirement. An experienced immigration court attorney can help guide you on what evidence you should gather to demonstrate you are a person of good character.

Best Deportation Attorneys to Help with exceptional and extremely unusual hardship Hiring the best deportation attorneys will serve you well in helping you prove the exceptional and extremely unusual hardship requirement. This requirement is that showing that one’s U.S. citizen or Lawful Permanent spouse, parent or child would suffer exceptional and extreme unusual hardship if the individual in immigration court is removed or deported from the United States. One might think the stress a deportation causes in any family unit would be enough to amount to this extreme hardship. However, this stress alone, or even family separation will not be enough to prove the level of hardship required for non-LPR cancellation. A good removal defense lawyer near you would be able to tell you on an individualized basis which is your strongest evidence to prove extreme and unusual hardship to your family members. There are several areas of hardship, including medical, financial, and educational which vary with each family’s circumstances. Do any of your qualifying relatives suffer from a medical condition? Are you the sole financial provider for your family? Do your children have a learning disability? These are just a few starting points of reference to start the discussion of your eligibility for non-LPR cancellation with your removal defense attorney. Your home country conditions will also have to be analyzed by a deportation defense lawyer and whether they qualify for sufficient.

Best Deportation Defense Attorneys to file non-LPR cancellation

Once you have hired the best deportation defense attorneys to file for your non-LPR Cancellation of Removal and submitted all your evidence in support of your case, you will get an opportunity to have a full hearing before an Immigration Judge. Your own testimony will be important, as well as that of any other witnesses that your removal defense attorney can help you to present a stronger case to the judge. Ultimately the judge will decide if, after considering all the evidence presented, you should be granted non-LPR Cancellation of Removal as a matter of discretion. If approved, the individual will get a green card or permanent residence.

Why should I hire the best deportation lawyers near me?

You should hire the best deportation lawyers near you because to win a non-LPR cancellation case requires a well thought strategy based on your individual circumstances by an experienced removal defense attorney. Removal proceedings are done in the court that has jurisdiction near your place of residence. This form of relief takes a great deal of effort and cooperation between you and your immigration deportation lawyer. You should always be forthcoming and disclose all pertinent information to prevent any issues meeting the eligibility requirements. Remember that the government will always have access to all your criminal records and immigration history. The Visa Pros at Weinstock Immigration Lawyers we guide you and your family through this complicated and stressful process. If you know of anyone who is in removal proceedings, please contact one of our immigration lawyers at (770) 604-1603 for an individualized assessment of your case and to find out if we can help.

Get more stuff
Recent Posts
2023 H-1B Cap Lottery Season: It’s Time to Prepare!

Expediting Employment Authorization Documents and Advance Parole Travel Documents

International Travel for the Holidays and Omicron: What you need to know.

New Covid 19 Travel Requirements: What you need to know

Case Delay Lawsuits | Suing the Government for Case Delays