If you received a notice of removal from the United States, you may feel scared, vulnerable and at a loss as to what to do. You made a life for yourself and possibly your family here in Atlanta and now you are about to have that life ripped out from under you. Though you may feel hopeless now, know that a notice of removal is not set in stone. You can fight the action and possibly win a cancellation of removal.
The Office of Law Revision Counsel, United States Code, details the eligibility requirements for cancellation of removal based on status. For instance, the Attorney General may cancel the removal of an alien who is deportable or inadmissible if said person has received an admittance for permanent residency for not less than five years, has lived in the country continuously for seven years after having received approval for any status and has never received a conviction for an aggravated felony.
Non-permanent residents may receive an adjustment of status or cancellation if they have been continuously present in the United States for a period of no less than 10 years immediately preceding the date of the cancellation application. The person must be of strong moral character and never have received a conviction for specified offenses. The person must also prove that removal would result in extreme hardship to his or her spouse, child or parent who is either a lawful permanent resident or a citizen of the U.S.
The government also provides special rules for battered spouses and children or the children of battered individuals. Relatives of trafficking victims to whom the government granted continued presence may also be eligible for cancellation.
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