Deportation Defense

Deportation Defense


 

  • Court Hearings and Trials
  • Motions to Change Venue
  • Motions to Reopen previous Orders
  • Stay of Deportation before an Immigration Judge and the BIA
  • Cancellation of Removal LPR
  • Cancellation of Removal Non-LPR:

 

What is Cancellation of Removal Non-LPR?


Cancellation of removal for Non-Permanent Residents under INA § 240A(b)(1) (“non-LPR cancellation of removal”) is a critical defense to deportation available to certain noncitizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card. Cancellation is a “defensive” application, meaning that it is only available to someone facing removal in immigration court. 


Who is eligible?


A person qualifies for non-LPR cancellation of removal if:

1-) He or she is in removal proceedings;

2-) He or she has been physically present in the United States continuously for at least ten years;

3-) He or she has had good moral character for ten years; 

4-) He or she has not been convicted of certain offenses [crimes listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3)]; 

5-) To deport her or him would cause exceptional and extremely unusual hardship to her or his LPR or U.S. citizen spouse, child, or parent.



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