A Second Chance: Exploring the Benefits of Cancellation of Removal

Cancellation of removal is a process by which a person without legal status in the United States can obtain permanent residence. This process is available to those who have been in the U.S. for a certain amount of time, have good moral character, and have not committed certain crimes. The cancellation of removal offers a chance for people out of status to gain permanent residence in the United States and create a better life for themselves. In this article, we will explore the advantages of cancellation of removal, its requirements, how to apply for it, and how a lawyer can help.

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Cancellation of removal is a form of relief available to immigrants in deportation proceedings. It allows a person with no legal status to obtain permanent resident status. This is done by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition is reviewed, and if approved, the applicant will receive a green card and the right to live and work in the United States.

The cancellation of removal has been around since 1996 when it was first introduced as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The purpose of the IIRIRA was to make it easier for people in the U.S. without legal status to gain permanent residence. The cancellation of removal has since been used to provide an opportunity for those without legal status to remain in the U.S. and gain permanent residency.

The cancellation of removal provides many advantages to people in the United States without legal status. One of the most significant advantages is that it allows people to remain in the U.S. and gain permanent residence. This will enable them to live and work legally in the United States. Additionally, it provides the opportunity to eventually become a U.S. citizen, opening many other options for the individual.

Another advantage of cancellation of removal is that it allows people to reunite with their family members already in the United States. If a person is granted cancellation of removal, they can petition their immediate family members to come to the U.S. and join them. This allows families to remain together, which can be essential for many people.

Finally, the cancellation of removal can also provide a pathway to citizenship. Since those granted cancellation of removal have the right to live and work in the United States, they can eventually become eligible for citizenship. This can give the individual more rights and benefits, such as voting rights.

The requirements for cancellation of removal are set forth by the U.S. Citizenship and Immigration Services (USCIS). To be eligible for cancellation of removal, an individual must meet the following criteria:

1. Have been in the United States for at least ten years;

2. Have good moral character;

3. Not have committed certain crimes; and

4. Have a spouse, parent, or child who is a U.S. citizen or permanent resident.

In addition to these requirements, the individual must demonstrate that their removal from the United States would cause “exceptional and extremely unusual hardship” to their qualifying family members who are U.S. citizens or permanent residents.

Once an application for cancellation of removal is submitted, the U.S. Citizenship and Immigration Services (USCIS) will review the application and decide. The review process can take several months, and the individual will receive a notice informing them of the decision.

If the application is approved, the individual will receive a green card and the right to live and work in the United States. They will also be able to become a U.S. citizen eventually.

If the application is denied, the individual will receive a notice informing them of the decision. The individual will then have the opportunity to appeal the decision, or they can reapply for cancellation of removal.

The cancellation of the removal process can be complicated and time-consuming. As such, it is essential to consult with an experienced immigration lawyer who can help guide you through the process. In addition, an experienced immigration lawyer can help you prepare your application, provide advice and guidance throughout the process, and represent you in the event of an appeal.

For more information, call us at 713-678-0582 or 202-256-9541 for your free consultation with one of our immigration attorneys.