Non-Detained Removal (Deportation) Proceedings

If you’ve been a lawful permanent resident of the United States for a long time and satisfy other requirements, you might be able to qualify for non-detained removal (deportation) proceedings.

The Immigration Justice (IJ) will determine whether to approve or refuse the application for cancellation of removal by balancing all of the positive factors against the negative factors.

If the IJ grants the relief, the applicant’s convictions will no longer result in deportation, and he or she will be returned to lawful permanent resident (LPR) status as of the date of initial LPR entry to the US. This, however, is a one-time offer. If the same applicant commits another deportable offense, he or she will be barred from applying in the future.

Cancellation of deportation is an immigration privilege that enables permanent residents and nonpermanent residents to apply to an immigration judge to have their status changed from deportable alien to legally admitted permanent resident if certain requirements are met.

Cancellation of Non-Detained Removal (Deportation) Proceedings

Aliens that are lawful permanent residents and those who are nonpermanent residents have different eligibility criteria. A permanent resident must prove the following:

• he/she has been a lawful permanent resident for at least five years at the time that the application is filed
•  he/she has continuously lived in the United States for at least seven years after admission in any status and until the “stop-time law” is activated
• he/she has not been convicted of an aggravated felony
• have not previously earned cancellation of removal or 212(c) relief

Meanwhile, nonpermanent residents must prove that:

• they have been physically present in the United States for a continuous period of ten years
• they have been of good moral character during that time
• they have not been convicted of select criminal offenses
• their expulsion would cause extraordinary and highly uncommon hardship to US citizens or lawful permanent residents.

The immigration lawyers in Xavier A. Mendez Law Firm are ready to serve you. Schedule a consultation now so we can learn more about you and the complexities of your case to help you throughout the whole process.