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Cancellation of Removal for Battered Spouses & Children

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018

What is cancellation of removal for Battered Spouses and Children?

If you are in a removal proceeding, you may apply for cancellation of removal, even if you are found removable (deportable).

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If the judge grants you cancellation of removal, you will be admitted to the United States as a permanent resident and will receive a green card.

Cancellation of removal for Battered Spouses and Children is similar to Cancellation of Removal for nonpermanent residents, except that a different set of qualifications would be required.

What are the qualifications for cancellation of removal for Battered Spouses and Children?

To obtain cancellation of removal as a battered spouse or child, you must show:

  • You or your child have been battered or subjected to extreme cruelty by certain relatives who are or were citizens or permanent residents.
  • You have been “physically present in the United States for a continuous period” of at least three (3) years.
  • You have been a person of good moral character.
  • You have not committed certain crimes.
  • Your removal would result in “extreme hardship” to you, your children, or your parents.

Related Topics:

Cancellation of Removal

Removal Proceeding Procedure & Defenses

Removal Proceedings

Grounds for Removal

Undocumented Immigrants

 

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