Magdalena Cuprys releases next article in the Law Instruction Series on Cancellation of Removal
Cancellation of removal protects the LPR from forced Deportation/Removal, also keeping eligibility for underlying LPR status, notes Magdalena Cuprys
By: Cuprys & Associates
Ms. Cuprys explains that in order to qualify for Cancellation of Removal and retain Lawful Permanent Residence, one must demonstrate that the individual as well as his US Citizen and LPR family members would endure extreme hardships as a result of the impending forced separation. Further, the Applicant/Foreign National must also prove the following as well as demonstrate numerous positive equities (examples listed below) which when taken in the aggregate warrant a favorable exercise of discretion by the Court:
1. Continuous Physical Presence in the United States for at least 7 years;
2. Lawful Permanent Resident for a minimum of 5 years prior to Application;
3. Removal from the USA would cause extreme hardship to the Applicant as well as to the US Citizen or LPR Qualifying Relatives of the Applicant;
4. Family Ties in the United States;
5. Good Moral Character;
6. No Major/Felony Criminal Violations;
7. In the event of a Criminal Conviction, evidence of Rehabilitation and Program Certifications;
8. Evidence and nature of Employment history and level of Education;
9. Property and Business Ties to the US community;
10. Evidence of Community Service (i.e. Volunteer work, charitable contributions, church/religious affiliations, etc.) in which one documents that the applicant is an asset and benefit to the US community at large);
11. Discretionary Relief: This form of relief is Discretionary, which means it is NOT a right; it is a privilege;
This should NOT be confused with the Cancellation of Removal standard discussed above which is exclusive to Lawful Permanent Residents. This form of relief from removal was previously discussed in depth in a prior issue of the Cuprys Law Instruction series which is available on-line.
About Magdalena Ewa Cuprys
Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. Located in Miami and Clewiston, the firm's offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases.
Attorney Profile: https://solomonlawguild.com/
Cuprys & Associates
Magdalena Cuprys, Esq.