Cancellation of Removal for Non-Permanent Residents

Adjustment of Status Lawyer in Houston

A Notice To Appear in Immigration Court will be issued by the Department of Homeland Security at the beginning of removal proceedings. Your fate is not sealed once removal proceedings begin. You may be eligible to have removal (deportation) canceled if you meet certain criteria and properly apply for Cancellation Of Removal for Non-Permanent Residents (Form EOIR-42B).

Before filing your application, it is critical that you consult with an experienced immigration lawyer in Houston. In fact, you should begin the process with the guidance of an attorney who can inform you of the necessary documentation, complete the application for cancellation of removal accurately, protect your rights and advocate for your interests through every step of the legal process, in Immigration Court.

Why Hire Mana Yegani?

Attorney Mana Yegani is dedicated to your case. You get one chance to apply for cancellation of removal and adjustment of status when Immigration and Customs Enforcement (ICE) has found grounds for removability and/or inadmissibility. You get one hearing with an immigration judge who will decide whether to approve your application and let you stay in the U.S. or to deny your application. If documents are falsified or inaccurate, you will face civil penalties, detention, and jail.

Eligibility for Cancellation of Removal for Non-Permanent Residents

As a non-permanent resident you must prove the following to qualify for cancellation of removal:

• You have continuously maintained a physical presence in the U.S. for at least 10 years prior to receiving a notice to appear.
• You have been a person of good moral character during your entire time in the U.S.
• You have not been convicted of an aggravated felony in the U.S.
• Your removal would result in exceptional and extreme hardship to your U.S. citizen or lawful permanent resident (LPR) spouse, parent or child.
• You deserve to win your case as a matter of discretion.

When you are a non-permanent resident, the burden of proof is on you. Your eligibility and winning your case depend on 100 percent factual and accurate application and evidentiary documentation along with the immigration judge's sole discretion on whether you deserve to win your case or not.

Eligibility also applies to battered spouses, abused children and parents of abused children. Under the provisions of the Violence Against Women Act (VAWA), abuse need not have taken place in the U.S.

Additionally, service members of the U.S. Armed Forces who have been on active duty for at least 24 months do not have to meet continuous physical presence in the U.S. requirements, but other conditions do apply.