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Cancellation of Removal

Los Angeles Removal Defense Attorneys

If you or a loved one is facing deportation, you may be eligible for a limited form of relief called cancellation of removal. Simply put, cancellation of removal would allow you to remain in the United States as a legal permanent resident. At the Law Offices of Elsa Martinez, we help our clients resolve immigration issues such as removal (deportation) proceedings. Our Los Angeles immigration attorneys will fight with energy and determination for your right to remain in the United States.

Cancellation of Removal Requirements

You may apply for a cancellation of removal only during the course of a hearing before an immigration judge; if you do not have a date to appear in Immigration Court, you cannot apply for a cancellation of removal.

Once in court, you will have to meet the following requirements in order to qualify for a cancellation of removal:

  • Continuously be present in the United States for at least 10 years preceding the date of the application. Traveling abroad for over 90 days at a time or several trips totaling 180 days is considered an interruption and will void accumulated time. A green card holder facing deportation will only need to be continuously present in the U.S. for 5 years.
  • Be a person of good moral character during the 10-year span. Good moral character is defined by the absence of involvement in murder, trafficking, money laundering and other crimes.
  • Have no convictions that make you deportable or inadmissible. This includes child abuse, domestic violence and drug crimes.
  • Show that your deportation would cause “exceptional and extremely unusual hardship” to your spouse, parent or a child (under 21 years of age) who is a lawful citizen of the United States. Judges will look at factors like age, health and the conditions of the country you would be deported to. Economic hardship does not qualify as an “exceptional and extremely unusual hardship.”

Judges may also look at your other family ties in the United States, employment history, payment of taxes and business or property ties. Unfortunately, even if you meet all the requirements, a judge may use their discretion to deny your application. Our Los Angeles immigration attorneys have over 20 years of experience that can assist you with a cancellation of removal. Enlist our help today to get experienced representation on your side.

Contact us online or call (877) 498-1301 to speak with an attorney.