Cancellation of Removal
Have you been living in U.S. for many years but now government is trying to deport you for criminal history and/or serious violations of immigration laws ?
Are you facing deportation and worried you will need to leave your U.S. citizen family behind?
We’re Here to Help!
Cancellation of Removal may be a way to help you stay in the U.S. and avoid deportation. Cancellation of removal is a form of discretionary relief wherein the person’s removal orders are stopped or cancelled. A cancellation of removal is beneficial in that it provides you with residency status ‘green card’ without the fear of removal. Cancellation of removal is not available for all aliens who face removal. Different standards of eligibility are applied to lawful permanent residents (LPR) as opposed to non-LPR’s.
Lawful Permanent Residents who face removal are eligible for cancellation of removal if the person:
- Has been an LPR for at least 5 years;
- Has continuously (without break) resided in the U.S. for a minimum of 7 years after their lawful admittance into the country before the “stop-time rule” is triggered (which is commonly triggered by committing certain criminal offenses);
- Has never been convicted of an “aggravated felony” (the term “aggravated felony” is more broadly defined in immigration law than in normal criminal settings);
- Have not received cancellation of removal or INA 212(c) relief in the past; and
- As a matter of discretion, you deserve to be granted an approval.
For non-permanent residents facing removal, cancellation is only available if the person:
- You have been physically present or have accrued presence in the US for a continuous period of not less than 10 years before the filing of the application.
- Has demonstrated that they are person of “good moral character” during the 10 years
- Have never been convicted of certain crimes or offenses as defined by statute.
- Your being removed from the U.S. would cause “exceptional and extremely unusual hardship” to your U.S. citizen or lawful permanent resident (LPR) spouse, child, or parent;
Having an expericend immigration attorney on your side can help increase your chances of success with your Cancellation of Removal case. Cancellation for Non-Permanent residents requires that you establish that a removal would result in an exceptional and extremely undue hardship to your spouse, child, parent, who is present in the United States and is a citizen or alien lawfully admitted for permanent resident. It could be extremely difficult to obtain because the standard of hardship is so high to meet. It is not enough to show that a U.S. citizen or LPR relative would suffer financially, emotionally, and physically. Instead, there must be proof that the qualifying relative would suffer to a degree that goes above and beyond the type of suffering that would normally be expected when a close relative is deported.
Call us today to discuss your case. We prepare your case carefully, strategize on documentation, witness identification, argument formation. We represent our clients in the initial filing and through the entire court case and trial, increasing your chances of approval.
About Our Firm
The Law Offices of David S. Santee is a Philadelphia-based law firm that represents individuals and businesses in a variety of immigration matters, including family-based applications for permanent residency and naturalization, employment-based immigrant and non-immigrant petitions, asylum petitions, and removal defense. We have extensive experience with the EB-5 Immigrant Investor Program, having worked on more than 175 projects seeking EB-5 financing. Our firm’s founder, David S. Santee, Esquire, has nearly two decades of experience practicing law. A seasoned courtroom advocate, Mr. Santee is the former Director of Trial Advocacy Programs at Villanova University School of Law, where he continues to teach a course in Trial Advocacy as an Adjunct Professor. In addition to representing clients in immigration matters, Mr. Santee has also tried hundreds of criminal cases. He often represents individuals who are at risk of being removed from the United States due to pending or past criminal charges.
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See What Our Clients Have to Say
“I have had the privilege of working closely with Mr. Santee for over 5 years and have relied on his superb skills and excellent judgement to assist me in completing complex cases to successful outcomes. Our organization wouldn’t be where we are today without the strong relationship we have with Mr. Santee.”
“Mr. Santee represented me on my appeal. He got my conspiracy charge reduced and my sentence cut in half so that I ended up with time-served. He saved me four years of parole!”
"I thought I was going to die in prison. However, today I can see the light at the end of the tunnel because of the dedication and hard work of Attorney at Law David Santee. Anyone who is seeking true representation from an attorney who is not going to take your money and sell you out should consider David Santee because he will ensure your rights are protected."
More About Our Immigration Practice
We represent individuals who are seeking to immigrate to the United States through a family member who is a United States Citizen or Lawful Permanent Resident. This includes spouses, finances, children, siblings, and other family members.
We represent individuals who are seeking to travel or immigrate to the United States based on their employment status. This includes priority workers, skilled workers, professionals with advanced degrees, and foreign investors.
We represent individuals in removal proceedings in Immigration Court. If you or a loved one has been served with a Notice to Appear in Immigration Court, contact us now to find out what defenses are available.
Based in Philadelphia
Serving all of Pennsylvania
Serving all of Pennsylvania