Cancellations of Removal - San Antonio
Cancellations of Removal for NON-Residents
A person without lawful status in the United States who is in removal proceedings may apply for cancellation of removal if they meet certain requirements.
- Have been physically present in the U.S. continuously for at least 10 years;
- have been of good moral character for 10 years;
- not have been convicted of certain crimes;
- deportation would cause exceptional and extremely unusual hardship to your U.S. citizen or permanent resident spouse, child, or parent.
The judge’s final decision to grant cancellation of removal will be based not only on the law. The judge is absolutely free to use his or her discretion to determine whether or not the person has good moral character and whether or not he or she met the exceptional and extremely unusual hardship requirement.
The person who wins his or her cancellation of removal case becomes a Permanent Resident.
Cancellations of Removal for permanent residents
The only people who cannot be deported from the United States are American citizens. That is why a permanent resident who meets the requirements to become a US citizen should not wait any longer.
A permanent resident could end up in deportation proceedings for different reasons, such as the commission of certain types of crimes. If this were the situation, the person could apply for cancellation of removal if they meet certain requirements.
have been a permanent resident for at least 5 years before submitting the application;
have continuously resided in the United States for at least 7 years after being admitted (special rules apply);
not have been convicted of an aggravated felony;
have not received cancellation of removal in the past;
have good moral character, among other criteria.