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Blandon Law Immigration

Thursday, April 22, 2010

Cancellation - Avoiding Removal and Becoming a Legal Resident

     An Immigration Judge has the power to cancel the removal, meaning cancel the deportation, of a Legal Permanent Resident (LPR). This is possible if the LPR has been a resident for five years, has lived in the US continuously for seven years after having been admitted in any status, and has not been convicted of an aggravated felony.
     An Immigration Judge can also cancel the removal of a foreigner who is not yet a Legal Permanent Resident. If this type of cancellation is granted, the foreigner becomes a Legal Permanent Resident on the spot. The foreigner must have been physically present in the United States for at least ten years before applying for cancellation, must have been a person of good moral character for ten years, and must not have been convicted of certain offenses. In addition, she must establish that removal would result in exceptional and extremely unusual hardship to her US citizen or LPR spouse, parent or child. This is an extremely difficult burden as the Immigration Judge will be looking for something beyond the usual burden of separating family members. A great deal of evidence is required to prove hardship. 
     Because cancellation is a process that involves the organization of a great deal of evidence, knowing the proper legal argument, and having extensive experience with the particular Immigration Judge assigned to the foreigner’s case, it is vital to retain the right immigration professional when seeking cancellation.

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