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Are you a permanent resident or nonpermanent resident in the U.S. who is at risk of being deported, or removed, from the country? If so, you may be able to avoid deportation through a cancellation of removal. In this process, the immigrant is able to get his or her status as a deportable alien switched to the status of a lawful permanent resident, thus eliminating the need for deportation.

In order to be eligible for cancellation of removal, individuals need to meet certain requirements–and even when those requirements are met, there are no guarantees on the outcome since the decision is left up to the discretion of the immigration judge handling the case. Considering this fact, it is in your best interests to have The Milledge Law Firm on your side to help you argue a strong case for why you should be granted relief from removal. 

Eligibility Requirements

There are different eligibility requirements for permanent and nonpermanent residents when it comes to cancellation for removal. The requirements are as follows, according to information provided by the U.S. Department of Justice:

Permanent Residents:

You have had permanent resident status in the United States for at minimum of five years;

Before receiving your Notice to Appear or before the commission of crime that made you inadmissible, you continuously resided in the United states for at least seven years (following your lawful admission under any status); and

You have no aggravated felony convictions on your record

Nonpermanent Residents

You maintained physical presence in the United States for a period of at least 10 years, and you have upheld moral standing during that time. You must have fulfilled this requirement before receiving your Notice to Appear;

You have never been convicted of certain types of crimes; and

Your removal would cause a spouse, child or parent who is a U.S. citizen or permanent resident extremely unusual and significant hardship, and you are deserving of deportation relief.

Furthermore, cancellation of removal is also available to some individuals who have suffered from physical abuse or extreme cruelty at the hands of spouses or parents who are U.S. citizens or lawful permanent residents. In these cases, the individual only needs to have had continuous presence in the U.S. for three years or more. The person must also be able to prove other general criteria.

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