Magdalena Cuprys releases next article in the Cuprys Law Instruction Series on Cancellation of Removal for LPR's
You have been living continuously in the United States for at least 7 years after having been admitted in any 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.
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;
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.
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.
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.
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.
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