Removal and Deportation

To qualify for CANCELLATION OF REMOVAL you need the following:

• Ten Years Physical Presence in the United States prior to the issuance of a Notice to Appear in Court
• You have been a person of good moral character for ten years;
• You are not inadmissible under on criminal grounds, fraud, national security, or any other inadmissible grounds
• Most Importantly, Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

It is the government's burden to show that you should be removed from the United States. Assuming the government has met its burden, you still have the opportunity to prevent your removal from the United States. To qualify for Cancellation of Removal for Permanent Residents you need the following:

• You have been a lawful permanent resident of the US for at least 5 years)
• You have not been convicted of an aggravated felony
• You are not inadmissible from the US on security grounds
• You have resided continuously in the US for a minimum of 7 years after being admitted to the US. in any status (prior to the institution of removal proceedings

You and your spouse and children will be able to apply for lawful permanent residency after being granted Asylum.

• For Asylum Purposes You Must file I-589 application within one year of your last entry to the United States
• A "refugee" is defined by section 101(a)(42)(A) of the INA as an alien who is unwilling or unable to return to his or her home country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion..."
• To qualify for a grant of asylum, an applicant must credibly demonstrate that he or she suffered past persecution or has a well-founded fear of future persecution within the meaning of the Act.

An applicant bears the burden of demonstrating that it is more likely than not that they will be tortured if removed to their country of origin. The Board of Immigration Appeals (BIA) has found that torture "must be an extreme form of cruel and inhuman punishment" that "must cause severe pain or suffering."

NACARA

• If you are a El Salvadorian or Guatemalan you may qualify for NACARA benefits. If you qualify for NACARA you may qualify to obtain lawful permanent residency.

If you were continuously present here in the United States since January 1, 1972, you may be eligible to receive a green card (permanent residence).

VAWA

• If you were the victim of domestic abuse from a spouse who is either a lawful permanent resident or citizen of the United States, you may qualify to become a lawful permanent resident here in the United States by filing a VAWA application with USCIS or the Immigration Court via a VAWA cancellation of removal.