Gene Meltser’s Immigration Blog

Keeping You Updated on US Immigration Law

LPR MAY APPLY FOR CANCELLATION OF REMOVAL AS BATTERED SPOUSE

The Board of Immigration Appeals held that (1) a lawful permanent resident (LPR) who qualifies as a battered spouse may be eligible to apply for cancellation of removal,  but (2) given the nature and purpose of the relief of cancellation of removal–to enable aliens to leave their abusive spouses–such factors as an alien’s divorce from an abusive spouse, his or her previous reliance on that abusive relationship to self-petition for adjustment of status, and his or her remarriage (so that he or she is no longer in an abusive relationship) are relevant in determining whether an application for cancellation of removal should be granted.

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September 29, 2009 - Posted by | Immigration Law

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