Magdalena Cuprys releases next article in the Cuprys Law Instruction Series on Cancellation of Removal for LPR's



Magdalena Cuprys releases next article in the Cuprys Law Instruction Series on Cancellation of Removal for LPR's


Cancellation of Removal for an LPR (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, says Magdalena Cuprys.  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 LPR (Green Card Holder) from forced Deportation/Removal, yet it also provides for eligibility to retain his/her underlying Lawful Permanent Residence status through this Application process; if found eligible by the Immigration Court.

Ms. Cuprys explains that in order to qualify for Cancellation of Removal and retain Lawful Permanent Residence status before a US Immigration Court, one must demonstrate that the individual as well as his US Citizen and LPR family members would endure extreme hardships as a result of the impending forced separation.  Further, the Applicant/Foreign National must also prove the following as well as demonstrate numerous positive equities (examples listed below) which when taken in the aggregate warrant a favorable exercise of discretion by the Court:

1.    Continuous Physical Presence: 

You have been living continuously in the United States for at least 7 years after having been admitted in any status;
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.  Further, one must have qualified Immigration Counsel review the particular Criminal Offenses, as well as the exact dates of the offenses, which can also stop or terminate continuous presence in terms of Cancellation eligibility requirements.  This is commonly known as the “Stop-Time” Rule.         

2.    Green Card Status:


You have been a Lawful Permanent Resident (Green Card Holder) for a minimum of 5 years prior to Application.   The Stop-Time Rule is in most cases inapplicable to the Green Card status requirement, as the applicant may count time spent after issuance of the NTA or initiation of proceedings, etc. in order to calculate the 5 year LPR status requirement.

3.  Extreme Hardships:

Removal from the USA would cause extreme hardship to the Applicant as well as to the US Citizen or LPR Qualifying Relatives of the Applicant.  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.

4.    Family Ties in the United States:

Length of Residence in the USA – which includes age of Applicant at entry to USA and documentation as to level of assimilation into American culture and society;

5.    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.

6.    No Major/Felony Criminal Violations: 

Criminal violations in many cases can automatically disqualify the Applicant from eligibility to apply for Cancellation of Removal (i.e. Felony violations which in many cases are deemed Aggravated Felonies under US Immigration Law).  Any Violations whatsoever, including all arrests, etc. must be carefully reviewed by Counsel. 

7.    In the event of a Criminal Conviction, evidence of Rehabilitation and Program Certifications;

8.    Evidence and nature of Employment history and level of Education;

9.    Property and Business Ties to the US community;

10.  Evidence of Community Service (i.e. Volunteer work, charitable contributions, church/religious affiliations, etc.) in which one documents that the applicant is an asset and benefit to the US community at large);

11. 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 (on a case by case basis) of whether or not to grant or approve you any such relief from Removal.  You must be able to prove to the Court that you deserve this discretionary form of relief.  

Cancellation of Removal for Non-LPR: 

There also exists another defensive remedy before the US Immigration Court – known as Cancellation of Removal for a Non-LPR (for those who do not possess Green Card status).  This should NOT be confused with the Cancellation of Removal standard discussed above which is exclusive to Lawful Permanent Residents.  This form of relief from removal was previously discussed in depth in a prior issue of the Cuprys Law Instruction series which is available on-line.

About Magdalena Ewa Cuprys

Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. 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.



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. Contact: Miami/Coral Gables Office: 4011 W Flagler Street, Suite 406, Coral Gables, FL 33134. - Clewiston Office: 518 E Sugarland Hwy, Clewiston, FL 33440. - Phone 305-924-1133 Website: https://magdalenacupryslaw.com/ Website: http://www.servingimmigrants.com Website: http://tuabogadadice.com/ Facebook: https://p.facebook.com/servingimmigrants/ Blog: https://magdalenacuprysblog.blogspot.com/ Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq

Attorney Magdalena Cuprys, Esq. provides an in-depth discussion regarding some of the most important avenues of protections for immigrants


In this multi-article discussion within her Instructional Series, noted Immigration Attorney Magdalena Cuprys, Esq. provides an in-depth discussion regarding some of the most important avenues of protections for immigrants under US Immigration Law: 

Immigration Options for Victims of Violence at the hands of Abusive USC and LPR Family Members

Immigration Status of the Abusive Spouse, Parent, Son, or Daughter
·       It must be determined if the Applicant (victim of domestic violence) has copies of their abusive spouse’s birth certificates, green cards, naturalization records, or U.S. passport pages;
·       If abusive relative is a USC born in the United States, one must look to the law of the state in which the USC was born and try to obtain copies;
·       If the abuser is (or was) LPR, a naturalized USC, or has previously filed a petition with the federal immigration authorities, USCIS can look up the abuser’s immigration status.
Keep in mind that if the abuser has lost immigration status within the last two years and that loss of status can be connected to the domestic violence, then the Applicant will still be eligible to file a VAWA self-petition. In addition, as with divorce, post-filing loss of status is irrelevant.
Abuse (Either Physical Battery or Extreme Cruelty)
Sometimes, people do not realize that some of the bad things that have happened to them are forms of abuse. For example, isolation of friends and family, economic control, or forced sex are all common in domestic violence, but victims of these behaviors often do not realize the relevance of such behaviors as part of a pattern of abuse.
Police reports, court records, protection orders, and other documents indicating involvement with government authorities are helpful, but they are not required.
Mental health and domestic violence workers also can provide useful statements, but like police records, they are by no means a requirement.  Ask providers not to focus so much on diagnoses like post-traumatic stress disorder and depression, but rather why, in the worker’s professional opinion, he or she believes that the Applicant has suffered domestic violence.
Remember that physical abuse is not required by statute and that extreme cruelty can provide the basis for a VAWA self-petition. As the Ninth Circuit in the old landmark case Hernandez v. Ashcroft noted, “Congress clearly intended extreme cruelty to indicate non-physical aspects of domestic violence.”

Good Moral Character
Good moral character, not mentioned in the INA provisions relating to USC and LPR-initiated Relative Petitions, is a statutory requirement for the approval of a VAWA self-petition. If the Applicant has no arrest record and does not fall within the class of persons described in INA § 101(f), there is little that the applicant must do other state than that she is a person of good moral character and provide police records from places of prior residence.
·       Primary evidence of self-petitioner’s good moral character is her affidavit along with a local police clearance or a state-issued criminal background.
Any VAWA self-petitioner who has been arrested (even if charges were eventually dismissed) or may otherwise fall within INA § 101 (f) will need to provide in-depth explanations.
Individual applicants must remember that this is a very complicated area of immigration law. Any Petitioner should always seek the help of an experienced immigration attorney prior to attempting such applications. 
 



*** 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: https://magdalenacupryslaw.com Other Website: http://ww.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
 

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

Magdalena Cuprys, Immigration Attorney, Blog

Florida immigration attorney Magdalena Cuprys obtains release on reduced bond for detained Bangladesh citizen who has a pending “battered spouse” petition

Magdalena Cuprys, Esq., Immigration Lawyer, Florida Upon Motion for Bond Redetermination, Immigration Court in Florida releases cli...