The Requirements To Seek Cancellation of Removal
- The person must have been served with a Notice to Appear, the document issued by the Department of Homeland Security that when served on a person and filed with the Executive Office for Immigration Review (the Immigration Court) places the person into deportation or “removal” proceedings.
- The person must prove that he or she has been in the US for at least 10 years. The 10 years could be after a legal entry or an illegal entry, as long as the person can prove presence in the US for those 10 years. There are rules that stop the 10 years from counting, which is central to the Supreme Court decision.
- The person must prove that he or she has been a person of good moral character and has no barring criminal record.
- Finally, the person must prove that a qualifying family member would suffer “exceptional and extremely unusual hardship” in the event the relative in removal proceedings were to be deported from the US. Those who qualify as family members for this purpose are a spouse, parent or child under age 21 who is a US citizen or lawful permanent resident.
The Supreme Court Decision: Notice To Appear
What This Means For Removal Proceedings
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in Houston & North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
Dallas Contact Info:
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Phone: (832) 742-0066