Non-citizens in Nevada facing deportation or removal may be able to remain in the U.S. by way of cancellation of removal. U.S. permanent residents (green card holders) may qualify for this relief if they (1) have been permanent residents for 5 years, (2) have been lawfully living in the U.S. for 7 years, and (3) have not been convicted of an aggravated felony. Non-permanent residents face more stringent requirements for cancellation of removal.
In this article, our Las Vegas “cancellation of removal” attorneys answer frequently-asked-questions about putting a stop to removal proceedings in Nevada. Click on a topic to go directly to that section.
- 1. How is removal canceled for “permanent residents”?
- 2. How is removal canceled for “non-permanent residents”?
- 3. Which Nevada court hears “cancellation of removal cases”?
In the case of permanent residents, their current deportation or removal proceedings may be canceled if the individual:
- has been an alien lawfully admitted for permanent residence for not less than five (5) years;
- has resided in the U.S. continuously for seven (7) years after having been admitted in any status; and
- has not been convicted of any aggravated felony.
Note that there may be ambiguity in the law regarding what qualifies as an “aggravated felony.” An immigration attorney may be able to show that the alien’s past convictions do not qualify as aggravated felonies.
Also note that ICE prosecutors have prosecutorial discretion over whether to bring removal proceedings.
Certain nonpermanent residents may be eligible for cancellation of removal by the Attorney General under these circumstances:
- When the alien has been physically present in the U.S. for a continuous period of not less than ten (10) years immediately preceding the date of the application;
- When the alien has been considered to be an individual of good moral character during this period;
- When the alien has not been convicted of an offense under related sections described in the Immigration and Nationality Act (INA); and
- When the alien can show that removal would result in exceptions and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the U.S. or any alien lawfully admitted for permanent residence.
Of course, there are exceptions for some people involved in certain situations. These situations often include crimes related to domestic violence:
Exception for “cancellation of removal” requirements for non-permanent residents:
The Attorney General may decide to cancel deportation proceedings if the alien can prove he/she has suffered from some form of domestic violence. (Learn about Nevada battery domestic violence laws.) Specifically, the alien must show that:
- he/she has been battered or suffered extreme cruelty by a spouse or parent who is or was a U.S. citizen or lawful permanent resident (LPR). This element may also be met if the U.S. citizen or LPR was someone that the alien intended to marry, but whose marriage is not legal because of bigamy (learn about Nevada bigamy laws);
- he/she has been physically present in the U.S. for a continuous period of at least three (3) years immediately preceding the date of the related application;
- he/she has been a person of good moral character for the requisite period of time;
- he/she is not considered to be inadmissible under related sections of the INA; and
- his/her removal would cause extreme hardship for his/herself, his/her child, or his/her parent.
Depending on the case, victims of domestic violence may be able to apply for immigration protection under the Violence Against Women Act.
The Las Vegas Immigration Court has jurisdiction over removal proceedings in Nevada. The court is located at:
Las Vegas Immigration Court
3365 Pepper Lane, Ste. 200
Las Vegas, NV 89120
Need an immigration attorney in Nevada?
Immigration law is very detailed, and mistakes can prove to be quite detrimental. If you are facing removal and wish to stay in the U.S., our Las Vegas Nevada immigration attorneys may be able to help. Please call us for a consultation today!