If you have no green card, you may be eligible to have your removal cancelled under section 240A(b) of the Immigration and Nationality Act (INA). There are two types of Cancellation of Removal. One is the non LPR cancellation and the other is the LPR cancellation. On this matter we will discuss the non LPR cancellation. To qualify for this benefit, you must establish in a hearing before an Immigration Judge that:
A. 1. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and
3. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of afavorable exercise of discretion on your application.
The other type on non LPR cancellation involved those abuse persons. The requirements are:
B. 1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral char- acter as defined in section 101(f) of the INA during such period;
3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;
4. a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and
5. You are deserving of a favorable exercise of discretion on your application.
If you believe you qualified for this type of relief you need to discuss your case with an immigration attorney to help you with your case.
Note: This is not legal advice. You need to consult with an immigration attorney to analyze the specifics of your case. Our law firm have 25 years of experience in immigration law since 1999.
IMPORTANT ANNOUNCEMENT
- PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
You may qualify if you six months experience as Caregivers
Applicants Inside the United States or in the Philippines or other countries may qualify.
Bankruptcy Basics
We also process Bankruptcy cases.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most of your debts are paid.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
