MIAMI IMMIGRATION LAWYER & ATTORNEY - IMMIGRATION & NATURALIZATION
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LAW OFFICES OF EVAN D. FRANKEL, P.A.
Attorneys at Law

CANCELLATION OF REMOVAL

Cancellation of removal is a process that allows an individual who is in the U.S. without status to adjust his status to that of permanent resident by meeting certain requirements. This process can be used by individuals who are without status who want to become permanent residents, and by individuals who are already permanent residents who want to maintain their permanent resident status when they are convicted of a crime.

Let’s focus for a minute on those without legal status in the U.S. There are certain basic requirements before this type of relief can be considered. Before his application for cancellation of removal can be granted, an individual must prove ten years of continuous physical presence in the U.S. (Note: The 10 years of continuous physical presence is deemed to end when the alien is served with a Notice to Appear (NTA) or when the alien commits an offense that renders him or her inadmissible or removable, which ever date is earlier). He must be a person of good moral character during the ten years. Also, he must prove exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child.

This defense was previously called suspension of deportation. It was changed by the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The application for cancellation of removal is only filed with the immigration court. The process to file an application for cancellation of removal is commenced by requesting the immigration service to serve the applicant with a Notice to Appear and to transfer his or her case to the immigration court. The applicant must file form EOIR-42B during removal proceedings with the immigration court.

CALL A MIAMI IMMIGRATION LAWYER FOR IMMIGRATION LEGAL ADVICE IN FLORIDA, TOLL FREE @ (800) 394-EVAN (3826)

Evan D. Frankel Esquire
Attorney at Law