Cancellation of removal is an immigration benefit that lets permanent residents and nonpermanent residents ask an immigration judge to change their status from “deportable alien” to “lawfully admitted permanent resident” if certain conditions are met.
Aliens who are lawful permanent residents and those who are nonpermanent residents have different eligibility standards. Permanent residents must establish that they have been lawful permanent residents for at least five years, have lived in the United States for at least seven years, and have not been convicted of an aggravated felony to be eligible for cancellation of removal. Nonpermanent residents must demonstrate that they have 1) been physically present in the United States for a continuous period of ten years, 2) been of good moral character during that time, 3) have not been convicted of certain crimes, and 4) that their removal would cause exceptional and extremely unusual hardship to US citizens or lawful permanent resident family members.
The immigration judge has the authority to grant or deny applications for cancellation or removal. The judge may look at how long the person has lived in the U.S., their family and community ties in the U.S., and their work in the community, among other things, to decide if cancellation is a good idea.
AFTER REMOVAL CANCELLATION IS GRANTED OR DENIED.
If your removal proceedings are canceled, you will no longer be facing deportation before a court. Unless you commit another offense that jeopardizes your status, you become a legal permanent resident. If you are a non-legal permanent resident, you may be awarded residency; if you are an LPR, your status will be returned to what it was before.
More information on the repercussions of cancellation and why it might have been denied can be found below. Consult a Huntington cancellation of removal lawyer now for additional information on this issue.
What Happens If Cancellation Is Granted If You Are Arrested?
You’ll be set free. If you had a criminal record that required obligatory detention, you may have spent the entire time the case was pending in jail. If your case is denied, you will be deported unless you file an appeal. If your appeal is successful, you will be immediately released and given LPR status.
If you have a criminal record, the offenses that made you deportable or sparked removal proceedings will be expunged from your immigration record, albeit they may resurface if you apply for citizenship. However, the same crime will not result in removal procedures. In the event of non-legal permanent residents, you can even apply for legal status at that point.
Can You Apply Again If Your Removal Cancellation Is Denied?
No, you can’t apply again. If you are in the process of being removed and your only request for help is denied, the order to remove you will be carried out.
You will, however, learn why you were turned down. The judge will often make an oral judgment on the day of the hearing. They may also wait until after your court date to send you and your lawyer a written decision about your case. This will include all the reasons why you were given permission or not.
Contact Shankar Law Office right now to speak with one of our immigration attorneys.