Cancellation of removal is a form of relief that’s available to qualified people who are being removed from the United States. American citizens and legal permanent residents of the United States are automatically entitled to protection against removal. A nonpermanent resident who is granted cancellation of removal automatically becomes a legal permanent resident.
It can take some time to receive a hearing for cancellation of removal, especially if one is not already a citizen or legal permanent resident. Nonpermanent residents must meet several requirements in order to be eligible for cancellation of removal.
If you are being removed from the United States, talk to a skilled Kentucky immigration attorney. Get in touch as soon as you can.
What is Cancellation of Removal?
Cancellation of removal is a way for nonpermanent residents to become legal permanent residents of the United States and for American citizens and legal permanent residents to be protected against wrongful deportation from the United States.
In order to qualify for cancellation of removal, a nonpermanent resident must be able to prove four things to establish eligibility:
- Ten Years Residency in the United States
You must have been physically present in the United States for at least ten years. A single absence of 90 days or a group of absences totaling 180 days disqualifies you from fulfilling this requirement.
- Good Moral Character
You are required to prove that you have exhibited good moral character during the ten years you’ve been a resident of the United States.
- No Convictions that Would Make You Deportable
Some criminal convictions render you inadmissible or deportable. If you have any of these convictions on your record, you are not eligible for cancellation of removal.
- “Exceptional and Extremely Unusual Hardship”
You must be able to show that your deportation would cause “exceptional and extremely unusual hardship” to a spouse, child, or parent who is a citizen or legal permanent resident of the United States.
How Long Does It Take for Cancellation of Removal?
In order to be granted cancellation of removal, you must have a hearing with an Immigration Judge. This can take some time, depending on the caseload the judge is carrying at the time. Most of the time, it won’t take more than six months for you to get a hearing. If you’re already in removal proceedings, it’s a good idea to apply for cancellation of removal as soon as you can. If you are not already in removal proceedings, there is no reason why you would want to begin proceedings for cancellation of removal.
A KENTUCKY IMMIGRATION ATTORNEY UNDERSTANDS YOUR VALUE
The attorneys at Carman Fullerton respect Kentucky’s long history of successful immigration, and they are ready to help any immigrant who needs legal representation. Contact a Kentucky immigration attorney at (859) 469-4880 for a initial consultation to discuss your specific legal situation. We value immigrants, and we are here to serve you.
Attorney Kirby J. Fullerton
Mr. Fullerton’s practice is focused on immigration law. He speaks Spanish, and represents clients in cases before the immigration courts and the Board of Immigration Appeals. He began his career practicing criminal defense, and understands how matters in criminal courts can affect a client’s immigration status. [Attorney Bio]