Cancellation of Removal for Non-LPR


Non-LPR Cancellation of Removal Lawyer

Providing Relief for Non-Lawful Permanent Residents

When non-lawful permanent residents (or non-LPRs) are subject to possible removal or deportation, it is usually because they were found to be living in the country illegally. In some cases, it is possible for the nonpermanent resident to qualify for a form of deportation relief called “cancellation of removal,” which can even allow the foreign national to obtain a green card and become a permanent resident. Non-LPRs who may qualify for cancellation of removal are those who have been living in the U.S. for certain periods of time and who meet other special requirements, including hardship that would be caused to qualified relatives who are in the U.S.

Are you a nonpermanent resident who is at risk of being removed from the United States? If so, you should immediately consult with a Virginia immigration attorney from our law firm, Fayad Law, P.C. We can help you determine whether you meet the requirements for cancellation of removal and then assist you with each step of the application process. Because the decision is ultimately left up to the discretion of the immigration court, you will need to build a strong case as to why you should be permitted to stay in the U.S. We can help you to skillfully present your case before the immigration judge!

How to Qualify for Cancellation of Removal

There are two different sets of eligibility requirements for non-LPRs who are applying for cancellation of removal. Here is an overview of the standards that must be met under each option, according to information provided by the Executive Office for Immigration Review:

Option A:

  • The non-LPR has been physically present in the U.S. continually for 10 years or more and has demonstrated good moral character during that time (as defined under the Immigration and Nationality Act, or INA);
  • The non-LPR does not have any convictions for certain types of crimes (including “crimes involving moral turpitude”); and
  • The non-LPR can prove that his or her removal would result in extremely unusual or exceptional hardship on a spouse, child or parent who is a U.S. citizen or lawful permanent resident and that the non-LPR is deserving of deportation relief.

Option B:

  • The non-LPR (or his or her child) is the victim of physical abuse or extreme cruelty that was carried out by a spouse or parent who is a U.S. citizen or permanent resident;
  • The non-LPR has continuously been physically present in the U.S. for at least three years and has maintained good moral character during that time;
  • The non-LPR has not been convicted of an aggravated felony and is not considered deportable due to other specified crimes;
  • The non-LPR can prove that his or her removal would cause extreme hardship to his or her child (whose other parent is a permanent resident or U.S. citizen), or to the non-LPR’s parent; and
  • The non-LPR can prove that he or she is actually deserving of relief from removal.

In addition to these factors, there are also many others that need to be considered when it comes to eligibility for cancellation of removal for a non-LPR. Contact a Virginia immigration lawyer from Fayad Law, P.C. for help protecting your future in the United States!

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Removal & Deportation Defense

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immigration case? Contact Fayad Law, P.C. now.

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As a boutique law firm, we make sure that every single case we handle and client we represent receives our personal attention. We limit our caseload to ensure our clients feel truly supported at every moment, from start to finish. Your best interests will always be priority – and that is our driving priority. We know that any type of legal matter can be overwhelming. We approach every case with compassion and dedication from start to finish because we know how much may be at stake for you. We bring more than 20 years of combined legal experience to the table, which gives our clients the legal knowledge and insight needed to successfully navigate various legal processes.

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There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.

The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.

Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:

  • Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
  • Being at least 18 years of age
  • Living within the state where you will apply for citizenship for at least 3 months prior to the application date
  • Being physically present in this country for at least half of the past 5 years
  • Maintaining continuous residence in this country from the date you submit your application for naturalization
  • Being able to read, write and speak English
  • Have a basic understanding of U.S. government and civics

It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.

In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.

In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.

There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!

Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

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Have questions about your rights? Ready to discuss your immigration case? Contact Fayad Law, P.C. now.

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