Facing the possibility of deportation is an overwhelming reality. The prospect of losing everything they have earned and having to abandon their way of life is a stressful part of life for many immigrants.
All is not lost. At Urbina Law Offices we are here to help you. We tell you how the cancellation of removal process works so that you do not suffer in vain.
We understand what is at stake and are passionate about protecting the rights and lives of our clients.
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What is cancellation of removal?
Cancellation of removal is an immigration relief established to provide relief to aliens facing deportation, removal, or expulsion from the United States.
If you are facing deportation proceedings before an immigration judge, turning to an attorney specializing in cancellation of removal 2023 may be a defense.
What are the reasons for which you may be deported?
To be deported, an alien must break U.S. law in some way. The Immigration Nationality Act sets forth clearly and concisely all the reasons for which an immigrant may receive a deportation order.
The most common reasons include:
- Violate their immigration status.
- Exceed the time allowed by your visa.
- Committing document fraud.
- Committing marriage fraud.
- Committing drug offenses, smuggling or offenses against public safety.
While most of these offenses do not involve violent acts, they are serious violations of national law and, therefore, are grounds for deportation.
There are also other reasons why an immigrant may need to know about the cancellation of removal process. For example, participating in U.S. election voting as a non-citizen.
Make sure you are fully aware of all the reasons why you may need a cancellation of removal attorney 2023. If you have any questions, please contact our offices. We are here to help you.
What crimes make me ineligible for cancellation of removal?
There are crimes with such high aggravating factors that may require severe punishments and, therefore, lead an immigrant to suffer high aggravating factors, such as:
- Ineligibility for cancellation of removal 2023
- Making it permanently inadmissible
- Demanding imprisonment
These offenses include:
- Murder;
- Foreign smuggling;
- Crimes of violence;
- Deception or fraud;
- Child Pornography;
- Prostitution;
- Money laundering;
- Drug trafficking;
- Violation.
Committing any of these offenses will prevent you from being eligible for cancellation of removal benefits in 2023. In these cases, you may also receive a higher punishment.
Steps and requirements for the removal of a deportation order
If you are wondering what the cancellation of removal process is like, you should know that there are two possibilities:
- File an EOIR-42A form for lawful permanent residents.
- Submit an EOIR-42B form for non-residents.
The steps and procedures you need to take will depend entirely on your condition.
EOIR-42A for legal permanent residents
The green card entitles you to rights similar to those of any other U.S. citizen. However, under certain circumstances, you may be deported from the country.
If you are a legal resident of the United States and are seeking to resolve your legal status through cancellation of removal 2023, you must meet a basic list of requirements to be eligible. These involve:
- Be able to prove that he/she obtained the Green Card.
- Have been a legal permanent resident for at least 5 years.
- Have been in the country for at least 7 years with any status.
- Be of good moral character and not have been convicted of a felony.
- Be able to convince the immigration judge that you deserve to have your application approved.
If you meet the requirements, the steps to perform the procedure are quite simple.
You must submit your EOIR-42 form, completing in the corresponding section your previous work and your respective addresses. Please note that some of the questions are designed to determine your eligibility for cancellation of removal 2023.
Once your EOIR-42 form is accepted, you will have to attend an interview, where you will have the opportunity to demonstrate that you meet the basic eligibility requirements and deserve to keep your green card.
The immigration judge will consider your grounds for deportation, your criminal history and any other violations against immigration laws, and will finally decide whether or not your case has a positive resolution.
Having the help of an attorney will help you prepare for the interview, and will allow you to make sure that you have properly completed the relevant documentation.
EOIR-42B for non-residents
Cancellation of removal cases for non-resident immigrants are often more complicated. To prove to the judge that you are eligible, you must meet one of the following 2 options:
Option 1:
- Have been continuously present in the United States for at least 10 years.
- Their expulsion brings exceptional hardship to one of their family members (father, mother, spouse or child) with legal status.
- Good moral character.
- He is admissible and has not committed any of the aforementioned offenses.
Option 2:
- Have been continuously present in the United States for at least 3 years.
- You have a child who is a U.S. citizen or permanent U.S. resident.
- You or your children have been victims of abuse or extreme cruelty by a U.S. citizen or permanent resident.
- He is a child and being deported would cause him extreme hardship.
- He is admissible and has not committed any of the aforementioned offenses.
Due to the cancellation of removal process, some of the beneficiaries of this second option may also appeal for other types of visas, such as the SIJS, the U Visa or the Visa T. Be sure to evaluate your options and choose what is best for your case.
Steps to obtain cancellation of removal 2023
If you qualify under one of the alternatives and meet all the requirements to apply for cancellation of removal, all that remains is to complete the following steps:
- Complete the form EOIR-42A or form EOIR-42B as appropriate to your case.
- Pay the fee corresponding to the respective form and the biometric data fee.
- Submit a copy of all documents to the Department of Homeland Security, U.S. Immigration and Customs Enforcement.
- File the application with the immigration court.
The three stages of the 2023 cancellation of removal process
Once initiated, the cancellation of removal process has three stages.
First step: Preparation and presentation of documentation.
Second stage: Preparation and presentation of your testimony at your Immigration Court hearing.
Third stage: Appearance of the judge and decision on your case.
These cases are complex so it is recommended to have an immigration attorney by your side to complete this process. These cases are complex so it is recommended to have an immigration attorney by your side to complete this process.
At Urbina Law we are here to help you. We will take the time to analyze, evaluate and study your situation meticulously. If you feel overwhelmed by your situation, don’t hesitate to get the attention you deserve.
