Cancellation of Removal Law Firm in Tampa Florida
Cancellation of removal is a great way to avoid the severe consequences of removal. This form of relief allows the Attorney General can cancel the removal of certain immigrants if certain conditions are met. Lawful permanent residence, non-lawful permanent residents, and battered spouses, children, or parents may apply for this form of relief in removal proceedings.
I Am a Permanent Resident, Can I Apply for Cancellation of Removal?
If you are a permanent resident in removal proceedings you may apply. The Attorney General may cancel a lawful permanent resident’s removal if:
- He has been a permanent resident for 5 years
- Has resided in the United States for seven years after having been admitted under any status
- Has not been convicted of an aggravated felony
- Warrants the favorable exercise of discretion
Please note that this form of relief from removal is highly discretionary. The Immigration Judge may still deny Cancellation of Removal, even if you met all the above conditions.
I am Not a Lawful Permanent Resident, Can I apply for Cancellation of Removal?
I Have Been Arrested, Can I Still Apply?
You may still apply for this form of relief. However, your arrest or conviction might affect your eligibility for relief and might affect the judge’s exercise of discretion.
What Type Of Evidence Should Include?
The evidence that you include would depend on the type of relief for which you are applying. Some of the evidence includes:
- Evidence of your lawful permanent residence status
- Evidence of your physical presence for the statutory period
- Evidence of abuse or battery, if you are applying under the Violence Against Women Act rule
- Evidence of family contacts and status
- Evidence of ties to the community like house ownership
- Evidence of volunteer or humanitarian work
Please understand that this form of relief is highly discretionary and very complicated. Please contact an attorney at 813-499-1250 to discuss your case.
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