Facing deportation can be frightening, but don’t lose hope. Relief options like “cancellation of removal” may be available. This intricate legal process, if successful, allows non-citizens to remain in the U.S. and eventually apply for a Green Card. Given the strict requirements, consulting an experienced Middlesex County, New Jersey Deportation Defense Lawyer is essential. Our legal team can assess your eligibility, gather evidence, and help you navigate court proceedings, maximizing your chance of a favorable outcome.
Can You Stop Deportation with Cancellation of Removal?
First and foremost, it is crucial to understand that “cancellation of removal” is a legal recourse that may be available during deportation proceedings. It enables eligible lawful permanent residents (LPRs) or non-permanent residents to stop their removal from the U.S. and retain a Green Card.
To successfully mount this defense, you must meet rigorous criteria related to your time in the U.S., moral standing, and, for those without permanent status, the severe impact their removal would have on immediate family members.
Eligibility is often divided into two groups, each with its own requirements:
- For Permanent Residents: Must have held LPR status for at least 5 years, maintained a physical presence in the country for 7 years after legal admission, and have no convictions for aggravated felonies.
- For Non-Permanent Residents: Must demonstrate continuous physical residence in the country for a minimum of 10 years, possess good moral character, and establish that their deportation would inflict “exceptional and extremely unusual hardship” upon a qualifying immediate relative (spouse, parent, or child) who is a U.S. citizen or LPR.
It should be noted that an immigration judge must approve the application. Consulting a New Jersey immigration lawyer is crucial for proving continuous presence in the country and hardship.
What is the “Stop-Time” Rule?
Certain situations can stop the time you are accumulating for the continuous residence requirement. The “stop-time” rule essentially freezes an immigrant’s continuous presence or residence for cancellation of removal when they are served a valid Notice to Appear (NTA) or commit disqualifying offenses. This rule requires 10 years of presence (non-LPRs) or 7 years (LPRs) before the NTA/disqualifying crime.
It should be noted that taking a trip abroad for longer than 90 days, or multiple trips totaling over 180 days, will break continuous presence. Additionally, active duty military services of 24+ months can waive some continuous residence requirements.
If you are facing deportation, don’t panic. As you can see, there are relief options that may allow you to remain in the U.S. For more information, please don’t hesitate to contact a New Jersey immigration lawyer at the Law Offices of Aditya Surti, LLC. Our legal team is prepared to help you navigate the complexities of this process and fight for the best possible outcome.