Lawyer Magdalena Cuprys addresses and explains
several issues surrounding Cancellation of Removal and explores legal options
In
the newest article of her series of Instructional Articles, Florida Attorney Magdalena
Cuprys comments on Cancellation of Removal (when an immigration judge decides
not to deport a person from the U.S.). This is a highly complicated legal
procedure, with many exceptions and special rules. Thus, this article can only
provide a general explanation of the process. Specific issues should be
discussed with a qualified attorney based on the facts and circumstances of a
specific case.
Cancellation
of Removal for a Non-LPR (Non-Lawful Permanent Resident) is a Discretionary
Immigration Defense or form of Relief from Removal – thereby sparing the Respondent
the consequences of Forced Removal/Deportation from the United States. This
form of relief is only available before a US Immigration Court after an
Individual has been placed into Removal Proceedings after the Issuance of an
NTA (Notice to Appear).
This
form of relief not only protects the Foreign National from forced
Deportation/Removal, it also provides for eligibility to pursue/obtain Lawful
Permanent Residence through this process (if found eligible by the Immigration Court).
In
order to qualify for Cancellation of Removal and obtain Lawful Permanent
Residence before a U.S. Immigration Court, one must demonstrate that the
individual’s United States Citizen and LPR (Legal Permanent Resident) family
members must prove before an Immigration Judge that “Extreme Hardships” shall
be endured by them as a result of the impending forced separation. (This “Extreme Hardship Standard” and examples
of critical evidence shall be discussed in depth in a subsequent Issue of this
Series).
Further, the
Applicant/Foreign National must also prove the following:
1. Continuous Physical
Presence:
You have been living continuously in the United
States for at least 10 years; the 10-year continuous presence must be satisfied
PRIOR to the date of applying for Cancellation of Removal. Please note that the date of Issuance of the
NTA must be carefully examined, as such date officially ends one’s continuous
physical presence date for Cancellation of Removal calculation purposes;
2.
Extreme Hardships:
Your Removal from the USA would cause
“exceptional and extremely unusual hardships” to your USC or LPR Qualifying
Relatives. For example, evidence of a
minor child’s medical condition, severity of illness, lack of available and
suitable medical care in Applicant’s home country, etc. are strong examples of
extreme hardships;
3.
Good Moral Character:
You must demonstrate that you are a good person
and possess good moral fiber. Gathering
evidence to prove this is critical, and should not be undertaken nor submitted
without assistance of Counsel.
4.
No
Major Criminal Violations:
Criminal violations in many cases can
automatically disqualify the Applicant from eligibility to apply for
Cancellation of Removal. Any Violations
whatsoever, including all arrests, etc. must be carefully reviewed by Counsel.
5.
Discretionary Relief:
This form of relief is Discretionary, which
means it is NOT a right; it is a privilege.
The Immigration Judge shall make an individual case determination of
whether or not to grant or approve any such relief. One must prove to the Court
that one deserves this relief from removal.
Cancellation of Removal for LPR: There also exists
another remedy before the US Immigration Court – known as Cancellation of
Removal for LPR (Lawful Permanent Resident).
This should NOT be confused with the Cancellation of Removal standard discussed
above which is exclusive to NON-Green Card Holders. This remedy is only
available to those Foreign Nationals who already have LPR Status (Green
Cards). This form of relief from removal
shall also be discussed in depth in another forthcoming issue of the Cuprys Law
Instruction series.
The
complete article will be published on the Blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/
*** Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
