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Cancellation of Removal

El Paso Immigration Lawyer

Cancellation of removal refers to a type of relief available to those who are in removal proceedings before the United States Executive Office for Immigration Review (EOIR). The EOIR is a section of the Justice Department responsible for overseeing and judging removal cases. These administrative proceedings are heard before immigration courts whose purpose is to determine whether or not a person should be removed from the United States.

The term "cancellation of removal" replaced the term "suspension of deportation" which was in effect until the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The standards for suspension of deportation were less stringent than those for cancellation of removal and did not distinguish between suspension of deportation of a lawful permanent resident vs. non-permanent resident. Under IIRIRA, the cancellation of removal standards for both of these statuses are described below:

Cancellation of Removal for Lawful Permanent Residents (LPRs)

An LPR is eligible for cancellation of removal if he or she has: 1. Been an LPR for not less than five years; and 2. Has resided in the United States in any immigration status for not less than seven years; and 3. Has not been convicted of any aggravated felony. The application for this kind of relief is EOIR-42A.

Cancellation of Removal for Non-Permanent Residents

Cancellation of removal is available to a non-permanent resident in any immigration status who: 1. Has consistently lived in the United States for at least 10 years; and 2. Has exhibited good moral character throughout; and 3. Has not been convicted of an aggravated felony which would prohibit him or her from the relief of cancellation of removal; and 4. Has demonstrated that removal from the country would cause undue hardship or suffering to a spouse, parent or child who is a legal permanent resident or a U.S. citizen. The application for non-permanent residents for cancellation of removal relief is EOIR-42B.

Immigration Assistance in El Paso and Surrounding Areas

An El Paso immigration lawyer from our firm may be able to assist you in your immigration matter. We offer decades of expertise in this area of law and are dedicated to providing the best guidance and representation to our clients.

Contact an immigration attorney in El Paso for a free evaluation.

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Maney Gordon - El Paso Immigration Attorney
Located at 1535 Hawkins Boulevard, Suite A, El Paso, TX 79925.
Phone: (888) 630-4882.
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