Cancellation of Removal for Lawful Permanent Residents and Non-Residents: What Are the Differences?


If you’re facing Removal (also referred to as deportation) from the U.S., be it in Immigration Court here in Texas or elsewhere, you need to seek the help of an experienced Austin immigration attorney to help you stay in the United States. Some individuals who are facing removal proceedings before the U.S. Executive Office for Immigration Review may be eligible to apply for “cancellation of removal.” But do you know the best legal option for your circumstances?

Depending on whether an individual is a lawful permanent resident of the U.S. or a non-resident (aka undocumented or illegal alien), slightly different rules and conditions may apply to the cancellation of removal process. Knowing the difference and the rules of eligibility for the right process is crucial for preventing your removal from the country.

A lawful permanent resident of the U.S. may face removal proceedings if he or she has been convicted of a crime that makes them inadmissible or deportable from the U.S. However, a cancellation of this removal may be available if the person has been a lawful permanent resident for at least five years, was lawfully admitted to the U.S. under any status, has remained in the country for at least seven years, and has not been convicted of an aggravated felony.

For non-permanent residents, a cancellation of a removal proceeding may be available if the person has resided continuously in the United States for at least 10 years, has maintained a good moral character during that time, has not been convicted of any crimes under INA 240A(b)(1)(C) that would require removal, and can demonstrate that removal would cause an “exceptional and extremely unusual hardship” for the person’s spouse, parent, or child who is a U.S. citizen or permanent resident.

If your loved one has been charged with a crime, is sitting in jail, and also has been given an Immigration Detainer (aka Immigration hold, ICE detainer), now is the most important time to call the experienced criminal defense and immigration attorneys at Peek Law Group. Hire the law firm that has over 13 years experience defending immigrants in both criminal and immigration courtrooms. Very few attorneys have the level of experience the attorneys at Peek Law Group have in both areas of the law or the record of experience trying cases in front of both criminal and immigration judges.

Criminal cases results are usually the most important factor in the immigration defense, so do not entrust your case to an attorney who knows very little or nothing about immigration or who is inexperienced in either or both. We have proved in the thousands of cases we have handled for our clients that we know how to win the necessary result to avoid harsh immigration consequences, whether that means getting a case dismissed or reduced, or finding a plea bargain that won’t ruin our client’s immigration defense.

Talking to an attorney is crucial if you or a family member is facing removal. An experienced bilingual attorney at Peek Law Group, LLP can help you understand the process and build the strongest possible case on your behalf. Call us today at ( (512) 399-2311 for a consultation on your case that helps you start making the right choices right away.

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