If you or a family member who is not a citizen or permanent resident and is undocumented in the United States may be placed in deportation proceedings.
If you have already appeared in Immigration Court and now your case is closed because you have a final order of removal or deportation from an Immigration Judge, you can not apply for relief of removal unless you could convince the Immigration Judge to grant a motion to reopen your case.
One form of relief could be cancelation of removal which is discretionary. Even if you can show that you meet all eligibility requirements, the Immigration Judge could still decide that you don’t deserve to be approved and could deny your case.
To qualify for cancellation of removal, you must show that:
1. You have been continuously physically present in the United States for at least ten years. The 10-year period is measured from the date of entry until the date that the Department of Homeland Security issues a Notice to Appear in Immigration Court.
2. You have been a person of good moral character during that 10 year period of time.
3. You have not been convicted of certain criminal offenses that would render you inadmissible or deportable.
4. And your possible removal would cause “exceptional and extremely unusual hardship” to your lawful permanent resident or U.S. citizen spouse, child or parent.
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