Cancellation of Removal
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REPRESENTING CLIENTS IN ALL 50 STATES AND OUTLYING TERRITORIES OF THE UNITED STATES

Immigration and Nationality Law

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Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. 
Cancellation of removal is a form of relief or legal remedy available to aliens who are placed in removal proceedings. If granted, the alien will be awarded lawful permanent resident (LPR) status in the U.S. The eligibility requirements vary depending on whether the applicant is a permanent resident or non-permanent resident of the U.S.  

In order for a permanent resident to qualify, he or she must establish that:


1. He or she has been a permanent resident for at least five (5) years;
2. Prior to the service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act (INA), or prior to committing a security or related offense referred to in section 237(a)(4) of the INA, he or she has at least seven (7)years of continuous residence in the United States after having been lawfully admitted in any status; and
3. He or she has not been convicted of an aggravated felony
 
In order for a non-permanent resident to qualify, he or she must establish that:


1. Prior to the service of the Notice to Appear, the applicant has maintained continuous physical presence in the United States for 10 years or more, and has been a person of good moral character during such period;
2.  He or she has not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the Immigration and Nationality Act (INA); and
3.  His or her removal from the U.S. would result in exceptional and extremely unusual hardship to his or her U.S. citizen or lawful permanent resident spouse, parent, or child.
 
In the alternative, a non-permanent resident may apply to have his or her removal cancelled by establishing that:


1.  He or she has been battered or subjected to extreme cruelty in the U.S. by his or her U.S. citizen or LPR spouse or parent, or he or she is the parent of a child of a U.S. citizen or LPR and the child has been battered or subjected to extreme cruelty in the United States by such citizen or LPR parent;
2. Prior to the service of the Notice to Appear, he or she has maintained continuous physical presence in the United States for three (3) years or more and he or she has been a person of good moral character as defined in section 101(f) of the INA during such period;
3. He or she is not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA and is not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and has not been convicted of an aggravated felony as defined under the INA; and
4.  His or her removal would result in extreme hardship to himself or herself or his or her child who is the child of a US citizen or LPR; or he or she is a child whose removal would result in extreme hardship to himself or herself or to his or her parent.
 
If you are facing removal proceedings, feel free to contact the Law Office of Carlo Borja so we can assess if you qualify for any form of relief such as cancellation of removal and proactively defend you in your case.