Tuesday
Sep292009
LPR MAY APPLY FOR CANCELLATION OF REMOVAL AS BATTERED SPOUSE
Tuesday, September 29, 2009 at 7:14AM in Immigration Law
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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