Immigration Attorney in Fort Myers & Surrounding Areas
Cancellation of Removal

Cancellation of Removal Attorney in Fort Myers

We Can Help You Seek a Green Card

If you have been placed into removal proceedings but have been physically present in the U.S. for more than 10 years, you may be eligible to apply for a green card through cancellation of removal for non-LPRs.

Our Fort Myers immigration attorney at Hurtado Immigration Law Firm can help you seek a cancellation of removal and guide you through the process of applying for a green card. We have helped numerous clients navigate this process and are eager to help you achieve your goals.

Contact our cancellation of removal lawyer in For Myers today at (239) 800-0580 to learn more!

How to Qualify

In order to apply for a green card before an immigration judge under Cancellation of Removal for Non-LPRs, you must:

  • Have continuous physical presence in the U.S. for at least 10 years before you were issued the NTA.
  • Show that your removal from the U.S. will cause “exceptional and extremely unusual hardship” to a qualifying relative. A qualifying relative for purposes of cancellation includes U.S. citizen or lawful permanent resident spouses or children.
  • Show that you have “good moral character.” You cannot have been convicted of certain crimes or violated certain laws.

The above points are the minimum requirements to apply. That does not mean that the judge will grant your application and give you a green card. The immigration judge has the discretion to decide whether or not to approve your application.

On the day of the individual hearing (your trial), you may testify on your behalf, along with other witnesses. The government has an opportunity to cross-examine you and your witnesses. The judge may also ask you follow-up questions before the court will make a decision on all the testimony and evidence presented.

Visa Cap

There is a 4000-visa cap for cancellation of non-LPR cases. This means that only 4000 cases per year can be approved. This is a very small percentage compared to the number of cancellation cases that are submitted to immigration judges. Many cases are denied or backlogged.

10-Year Clock Issues

The date of your arrival starts the 10-year “clock.” The clock can stop in many different ways, including when you receive an NTA, commit certain types of crimes, or have a single absence from the U.S. of more than 90 days or multiple absences adding up to more than 180 days.

Difference between LPR Cancellation & Non-LPR Cancellation

Cancellation is also available to LPRs. LPR cancellation has vastly different requirements. No hardship to a qualifying relative has to be shown.

There are only three basic requirements:

  • Five years as an LPR
  • Seven years of continuous residence in the U.S.
  • No aggravated felony convictions.

There is also no annual cap or limit.

To learn more about the cancellation of removal process, call our Fort Myers immigration attorney at (239) 800-0580.

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