Removal Defense in the Immigration Court
A discretionary benefit adjusting a nonresident’s status from that of deportable to one lawfully admitted for permanent residence or stay of removal. A hearing before an immigration judge, following an application in most circumstances, is necessary for such adjustment. There are several different kinds of outcomes during the removal proceedings:
- Some individuals convicted of certain criminal offenses may be eligible for Cancellation of Removal. An applicant must prove that he or she has been a lawful permanent resident for at least five years, has resided in the United States continuously for seven years after a lawful admission, and has not been convicted of an aggravated felony.
- Certain unlawfully present aliens who have lived in the United States for at least ten years and have qualifying family members may be eligible for Cancellation of Removal. An applicant must prove that he or she was continuously present in the U.S. for at least 10 years prior to the start of deportation proceedings, has been a person of "good moral character" during the ten years, and has not been convicted of crimes involving moral turpitude. The applicant must also show that deportation would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a U.S. citizen or lawful permanent resident.
- A VAWA cancellation of removal is a special form of cancellation for victims of physical abuse or extreme cruelty. It is similar to ten-year cancellation but requires only three years of continuous presence, and has other special exceptions.
Mailing Address:
21 East Long Lake Road
Suite 250
Bloomfield Hills, MI 48304
Phone: +1 248-663-5150
E-mail: sl@visasto.us
Or use our contact form.
LEGAL DISCLAIMER
The information on this Michigan Immigration Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Law office with practice exclusively in Immigration and Nationality Law. Serving clients in Oakland, Macomb, Wayne, Livingston counties, throughout the State of Michigan and other states. Office located in Berkley, Oakland County; however, clients travel to meet with Svetlana Lebedinski from the cities throughout the Metro Detroit area, western Michigan and the adjacent states of Ohio and Illinois. Full services Immigration Law Firm serving Farmington Hills, West Bloomfield, Novi, Troy, Detroit, Hamtramck, Downriver, Commerce Twp, Walled Lake, Pontiac, Livonia, Ann Arbor, Ypsilanti, Howell, Wixom, Utica and beyond.
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