Law Offices of Victoria Bezman
17337 Ventura Blvd. Suite 107
Encino, CA 91316
Phone: (818) 907-7677
Fax: (818) 907-7678

Cancellation Of Removal And Adjustment Of Status

The remedy of Cancellation of Removal is available for people who entered the U.S. with or without a visa more than 10 years ago and who have stayed continuously since then and have a U.S. citizen or permanent resident spouse, child or parent who would suffer extreme hardship if the individual were required to leave the U.S.

A continued presence of no fewer than 10 years regardless of whether entry was with or without a visa, immediately preceding the application is required.

The applicant must show that he/she has not been convicted of a crime of moral turpitude or of an aggravated felony. Petty offenses are not included in this bar. A conviction for domestic violence would be a bar.

For an immediate relative namely, a USC or permanent resident spouse, parent or child, evidence must be shown to prove extreme hardship.

The physical presence would be cut off if the applicant departed the U.S. during the preceding 10 years for more than 90 days or for periods of more than 180 days in the aggregate. The commencement of a Removal Proceeding during the 10 year period would also cut off the 10 year period.

Spouse, child or parent, may qualify for Cancellation of Removal, if he/she has been subjected to extreme cruelty by a U.S. citizen or permanent resident.

A battered individual must firstly be put into removal proceedings. He/she must demonstrate three years of continuous physical presence in the United States, instead of ten years as applicable to other individuals. Time toward the three-year period would accrue even after she received the notice to appear for the removal hearing. This is different than the one that applies to other individuals where physical presence in the United States terminates upon service of notice or commission of a criminal act.

The applicant for cancellation must demonstrate good moral character and must not be inadmissible under:

1. Section 212(a)(2) - criminal and related grounds

2. Section 212(a)(3) - security and related grounds

3. Section 237(a)(1)(G) - marriage fraud

4. Section 237(a)(2) - criminal offenses

5. Section 237(a)(3) - document fraud

6. Section 237(a)(4) - security and related grounds

Proof must be adduced that the applicant would suffer extreme hardship, to him/her self or his/her child or parent(s).

Age, family ties, length of residence, health, medical condition, political, financial, sanitary, and occupation conditions may all be considered. Family separation would be a paramount factor. Economic hardship, psychiatric concerns, persecution, community and cultural ties would all be weighed.

INA §240A(b)(2).
In order to qualify for cancellation of removal under VAWA, the abuse must rise to the level of battery or extreme cruelty. Under the Federal Code of Regulation, battery and extreme cruelty are defined as "being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence." 8 C.F.R, §204.2(c)(1)(vi).

The application is filed with the Court at the Removal Hearing. The Judge’s decisions are subject to review by the Board of Immigration Appeals.

If you believe you qualify for this remedy, call me to help you or if you just have a question for yourself, a family member or friend, I am only a phone call away.