According to the INA, a lawful permanent resident placed in removal proceedings may qualify for cancellation of removal under certain conditions: (1) the alien has been lawfully admitted for permanent residence for not less than 5 years; (2) the alien has resided in the United States continuously for 7 years after having been admitted in any status; and (3) the alien has not been convicted of any aggravated felony. In addition to satisfying these statutory requirements, the alien must establish that he/she merits such relief as a matter of discretion. An Immigration Judge makes this determination. The Judge must balance favorable factors (such as family ties within the United States, residence of long duration in the United States, evidence of hardship to the alien and his/her family members in case of deportation, a history of employment, the existence of property or business ties, and other evidence of the alien’s good character) and unfavorable factors (such as violations of immigration law, criminal behavior, and other evidence indicative of the alien’s undesirability as a permanent resident in the United States).
NJ Immigration Lawyer Marc Feldman defends against Deportation and Removal in Immigration Court. He helps to cancel removal & to adjust status.
A nonpermanent resident subject to removal can be granted cancellation of removal and adjusted to the permanent status if (1) the alien has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (2) the alien has been a person of good moral character during such period; (3) the alien has not been convicted of certain enumerated offenses that are grounds for inadmissibility and/or deportation; and (4) the alien establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a United States citizen or lawful permanent resident. In order to establish “exceptional and extremely unusual hardship,” the applicant for cancellation of removal must demonstrate that his/her spouse, parent, or child would suffer hardship that substantially exceeds the ordinary consequences to be expected to result from the alien’s deportation, but need not show that such hardship would be “unconscionable”. Only hardship to qualifying relatives, not to the applicant himself/herself, may be considered to establish eligibility for cancellation, and hardship factors relating to the applicant may be considered only insofar as they might affect the hardship to a qualifying relative.
Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to Immigration Court matters.