Cancellation Of Removal Criteria

Summary

To qualify for cancellation of removal in New York, one must have at least 10 years of continuous physical presence in the U.S., demonstrate good moral character, and show exceptional and extremely unusual hardship to a qualifying relative. No disqualifying criminal convictions are allowed. A certificate of disposition relates to criminal court cases, not ICE detentions. For a provisional waiver, one must be an immediate relative of a U.S. Citizen or lawful permanent resident, have accrued unlawful presence, and prove extreme hardship to the U.S. Relative.

Full Conversation

how does someone know if they fall under cancelation of removal
To qualify for cancellation of removal in New York, someone must generally meet the following criteria:
- Continuous Physical Presence: At least 10 years in the U.S.
- Good Moral Character: Demonstrated good behavior during this period.
- Exceptional and Extremely Unusual Hardship: To a qualifying relative (i.e., U.S. citizen or lawful permanent resident spouse, parent, or child).
- No Disqualifying Criminal Convictions
Do you need more details on any specific criterion?
does being detained by ice fall under certificate of disposition
Being detained by ICE does not automatically fall under the certificate of disposition. A certificate of disposition is usually related to criminal court cases and provides details on the outcome of a criminal case. If there was a criminal conviction, then a certificate of disposition may be relevant to your case.
Would you like more information on how to obtain a certificate of disposition in New York?
how does someone fall under provisional waiver
To qualify for a provisional waiver, the following criteria must be met:
- Immediate Relative: Must be an immediate relative of a U.S. citizen or lawful permanent resident.
- Unlawful Presence: Must have accrued unlawful presence in the U.S.
- Extreme Hardship: Proving that the U.S. relative would suffer extreme hardship if separated.
Is there a specific part of the process you need more details on?