My husband was taken into immigration custody. I was told to ask for cancellation of removal. What is this?

////My husband was taken into immigration custody. I was told to ask for cancellation of removal. What is this?

There are three different categories for cancellation of removal.  This is part of deportation and removal defense.

  1. The first is for lawful permanent residents. They must prove (a) they have been a lawful permanent resident for at least five years, (b) they have resided in the United States, after being admitted, for at least seven years, and (c) they have not been convicted of an aggravated felony.
  2. The second is for immigrants who are in living in the U.S. without legal documents. They must prove (a) they have lived here for ten years, (b) they have exhibited good moral character for the entire ten years, and (c) a spouse, child, or parent who is either a U.S. citizen or lawful permanent resident will suffer “exceptional and extremely unusual” hardship if the immigrant is removed from the United States.
  3. A third category applies to an immigrant spouse or child who been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent.  This is known as a VAWA application.
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