What Are The Requirements For Cancellation Of Removal?
There are two types of cancellation of removal, one for permanent residents and one for non-permanent residents. For permanent residents the requirement is seven years total residency in the United States and five years as a legal permanent resident prior to the incident they’re trying to remove you for. If you meet those basic requirements then you file an application with the court and the Immigration judge will make a decision at your merits hearing or individual hearing. You can bring witnesses and provide documents to support the application. A judge will evaluate the pros and the cons, and if the pros outweigh the cons then the judge can grant the cancellation of removal.
If you don’t have permanent resident status you have to prove that you have been living in the United States for 10 years prior to the initiation removal proceedings, and you have to have a qualifying relative such as a U.S. citizen spouse or permanent resident spouse. You would have to show that your qualifying relative would suffer extreme and unusual hardship if you are removed from the country. The standard is higher than the normal waiver standard of extreme hardship, so simple hardships and even extreme hardships don’t necessarily qualify. The results in this type of case are sometimes inconsistent. You could have the same exact situation, the same judge, the same everything, but if the lawyer was a little bit better in one case than the other you could get two different results. Unfortunately that does happen because the standard is so vague, so it’s not the fairest system in the world.
Another factor that can affect the fairness of these hearings is that this type of federal immigration court is not really independent in the same way that a federal district court is independent. The courts that conduct these hearings are part of the Department of Justice and they do work in hand-in-hand with a section of Homeland Security. People who’ve been doing this for a while have a feeling that they’re not as independent as they should be.
What Is Required To Be Granted Asylum?
At this time, the asylum approval ratings are very low. Normally a person would be claiming asylum because they were subject to persecution based on their race, religion, tribe, or membership in a political or social group in the country that they’re from. However, there are a lot of things that have to happen before asylum can be granted. Currently you have to apply within one year of your arrival in the United States. The far majority of applicants don’t understand the rules and so they miss those deadlines.
There are two other types of asylum relief you can qualify for in that situation, but they’re not pure asylum. One type is called “withholding of removal,” which means exactly what it says – it just withholds your removal. The standard for withholding of removal is very similar to the standard for asylum. The other type is based on the convention against torture. If they think you’re going to be tortured when you go back, they can grant you a form of asylum in that situation. However, the best you could hope for in that situation is to be allowed to apply for a work permit every year.
By comparison, if you are granted political asylum then you’re eligible to apply for adjustment of status after one year. In other words, after a year you can apply for permanent residency. It’s really important if you want asylum and you have a good case that you file everything within the proper time periods. If you miss those deadlines there are very few exceptions to the rules.
The only exception that I’ve ever seen that actually works is if the conditions in your country suddenly change. If things in your home country were stable and you stay here for a couple of years and then your country collapses, then you at least have an argument as to why you didn’t apply within the one year limit. It may be possible to get asylum in that situation.
Another factor to consider is that asylum may limit your travel options. If you are granted political asylum you are allowed to travel to other countries, but not to your home country. If you’re granted withholding of removal or convention against torture you aren’t allowed to leave the United States at all – it’s almost like you’re a prisoner in the United States. Do everything you can to meet the deadlines for political asylum, because once you miss your opportunity, your options become very limited.
For more information on Confirmation Of Removal From The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 319-5459 today.
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