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Crimes That Bar Cancellation of Removal

If you are a non-resident who has committed certain crimes the Immigration Judge can not,  and will not, give you Cancellation of Removal even if you are otherwise eligible.

There is a long list of violations (some obscure and some very common) that can automatically bar you from getting Cancellation of Removal. Usually, these crimes include:

  • Crimes involving moral turpitude (commonly called a CIMT). However, if you have committed only one CIMT, and a sentence of six months or less was imposed, and the offense you were convicted of carries a maximum possible sentence of less than a year, you still may qualify for Cancellation of Removal.
  • Offenses relating to controlled substances
  • Two or more offenses that brought a total sentence imposed of five years or more
  • An aggravated felony;
  • Engaging in the business of  prostitution
  • Firearms offense
  • High-speed flight from an immigration checkpoint
  • A crime of child abuse, neglect, or abandonment
  • A crime of domestic violence or stalking;
  • Violations of certain portions of a domestic violence protection order
  • Making a false claim to U.S. citizenship
  • Espionage, treason, sedition, Selective Service Act or Trading with the Enemy violation;
  • Failure to register or document fraud under certain federal acts
  • Failure to register as a sex offender under federal law
  • Entry/departure permit fraud
  • Importation of immigrants for immoral purposes
  • Threats against the president
  • Military expeditions against friendly nations 

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