Cancellation of Removal
Serving All of Oregon – Portland – Beaverton – Gresham
Removal or deportation proceedings are extremely stressful and difficult, however with the help of experienced attorney, Robert Sepp, your chance of having a judge grant your cancellation of removal increases significantly. Robert Sepp is an immigration attorney who has successfully helped people with cancellation of removal as well as obtaining permanent residential status in the United States. If you, or someone you know, is experiencing immigration court proceedings in the Portland Immigration Court, call Robert Sepp. Even if you are not facing deportation or removal, yet you are concerned about your status, it is in your best interest to consult a reputable immigration attorney to evaluate your options.
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How can I qualify for Cancellation of Removal?
There are two types of cancellation of removal from deportation and each type depends on your current status. The first type of cancellation of removal is Section A Cancellation. In order to qualify for this type of cancellation you must be a Lawful Permanent Resident (LPR) and demonstrate that you:
- Have had LPR status for five years minimum
- Has consecutively lived in the United States for 7 years minimum after having been lawfully admitted to the United States
- Has not been convicted of an “aggravated felony”
The second type of cancellation is Section B Cancellation. In order to qualify for this type of cancellation you must have non-permanent resident status (undocumented) and demonstrate that you:
- Have continuously resided in the United States for 10 years minimum
- Have been a person of good moral character during that time
- Have not been convicted of an offense that would make you ineligible (Examples: Domestic Violence, Drug Charges, aggravated felony)
- Show that removal would result in extreme and unusual hardship to immediate United States Citizen (USC) family members who have LPR status or are U.S. citizens
What happens during Cancellation of Removal proceedings?
During both types of cancellation proceedings, the presiding judge will balance your positive factors against negative factors to determine whether or not to grant you a cancellation of removal.
Positive factors include:
- Family ties
- History of employment
- Community service
- An extended residency in the United States
- Property & assets
Negative Factors include:
- Criminal record
- Immigration violations
- Attitude towards crimes i.e. rehabilitation, remorse
LPRs that are granted a Section A Cancellation get to keep their status and stay in the United States. Undocumented immigrants that are granted Section B Cancellations essentially receive LPR status and are allowed to remain in the United States.
Issues with Cancellation of Removal
Immigration law is tricky and cancellation of removal proceedings can go either way, even if the application meets all of the requirements. The immigration judge decides whether or not to grant cancellation of removal based on which factors he or she determines as most influential. Due to the sensitive nature of immigration law, consulting experienced immigration attorney, Robert Sepp, gives you the best chance at being granted a cancellation of removal.