Cancellation of Removal for Lawful Permanent Residents: Lawful permanent residents who commit certain crimes, may apply for cancellation if they can establish that they were in the United States continuously for seven years, and that for five of these years they were lawful permanent residents. They are required to show that they have strong ties to the community, that they have been rehabilitated and are no longer likely to commit another crime or to pose a threat to the society.
Section 212(c) Waivers: Some lawful permanent residents may still qualify to apply for Waiver of grounds of Excludability/Inadmissibility under the former law (Section 212(c) of the Immigration Act) if they and were convicted of certain crimes by a plea bargain, including some crimes that are defined as “aggravated felonies” under the Immigration Act. These individuals must make a very strong showing of rehabilitation and service to their community, not only to family.
Individuals who have been convicted of aggravated felonies after on or after April 1, 1997, will have a great difficulty in obtaining relief from deportation unless they are able to obtain a pardon or have the conviction vacated. An expungement or similar type of relief will not suffice.
Cancellation of Removal for Non-Permanent Residents: Individuals who are not lawful permanent residents are required to establish that they have been in the United States continuously for ten years, that they are persons of good moral character and that exceptional and extremely unusual hardship will result to a close United States citizen or permanent resident relative. This is a very high burden due to the requirement that the hardship be extremely unusual.
Cancellation of Removal and Adjustment of Status for Certain other Individuals: Special Rules are accorded individuals who qualify under NACARA (Nicaraguan Adjustment and Central American Relief Act). The foreign-born spouses and children under 21 years old of the applicant (who are in the United States) are also permitted to apply for adjustment of status along with the NACARA applicants,
Cancellation of Removal and Adjustment of Status for Battered Spouses: Battered spouses/children are also permitted to self-petition and apply for adjustment of status under exceptions created for them under VAWA (Violence against Women Act). The spouse who can establish that he or she was were physically battered or emotionally abused, may make this application, as well as his or her children who are under the age of 21 years.
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