Cancellation of Removal Lawyer
If you are a non-permanent resident and are the victim of deportation proceedings before an immigration judge, cancellation of removal may be available to you. cancellation of removalcan be a defense in order to avoid deportation, as well as to obtain permanent resident status and eventual citizenship.
Cancellation of removal and adjustment of status
Fear of deportation is a stressful part of life for many immigrants. For foreigners and immigrants living in the United States, the prospect of losing everything can be overwhelming.
You have worked hard to build a new life in the United States for you and your family. But all can be lost if the government seeks to deport you or a loved one.
We understand what is at stake and are passionate about protecting the rights and lives of our clients. No matter your circumstances, we will develop a defense or appeal strategy and approach that gives you the best chance of putting the threat of deportation behind you so you can move on with your life.
Cancellation of removal requirements
The cancellation of removal is a procedure by which an immigrant can avoid deportation or removal from the United States. Only persons currently facing deportation or removal may apply for such relief. If your case is already closed, you cannot request this release unless you are able to reopen your case.
The defense strategy and cancellation of removal for non-residents your attorney applies to your case depends on the reason you have been placed under a deportation order.. Some common defense strategies against deportation include:
- Total contestation of the reason for dismissal or inadmissibility.
- Apply to the court for cancellation of the deportation order.
- Apply for asylum if you are unable to return home for fear of persecution.
- Search for a status adjustment based on specific circumstances
How do I know if I have a deportation order?
If Immigration and Customs Enforcement (ICE) charged you with violating an immigration law that makes you deportable, you will receive a Notice to Appear (NTA) or deportation letter. The NTA includes the reason(s) for placing you in removal proceedings.
How to cancel a deportation order?
Under certain criteria, it is possible to remove a deportation order deportation order. People looking for the cancellation of removal and adjustment of status will have to comply with several requirements:
- Has a spouse, child, or parent who is a lawful permanent resident or U.S. citizen.
- It has been continuously present in the United States for at least 10 years.
- Has a good moral character during the 10-year period.
- Have no convictions that would make you inadmissible or deportable, such as an aggravated felony.
- Your U.S. lawful permanent resident spouse, child, or parent would suffer "exceptional and extremely unusual hardship" due to your deportation.
What is "exceptional and extremely unusual hardship"?
It is the hardship you would need to show the immigration judge in order for him or her to grant this discretionary relief. Basically, you must show that your deportation would cause your child, spouse, or parent to suffer a hardship substantially worse than the hardship generally expected from deportation under normal circumstances. Examples include serious and ongoing medical, physical and psychological problems. Economic hardship alone would not qualify under this restrictive standard.
Our team of cancellation of removal lawyers has extensive experience in immigration law to help you design the best strategy for your case, giving you the best chance for a positive outcome.
Mistakes to avoid during immigration deportation proceedings
Some immigrants face deportation due to simple mistakes they could have avoided during the immigration process. Certain mistakes make life more challenging during deportation proceedings. Mistakes to avoid include:
- Filing the wrong forms, including filing the wrong type of visa.
- Submission of forms containing inaccuracies and errors.
- Submission of incomplete forms or insufficient evidence.
- Failure to prepare for a required interview when appropriate.
How long does a cancellation of removal case last?
The process of removal of deportation may be delayed. While through this process a deportation order can be removed, currently, it takes approximately 4 years to win such a case for individuals who have not been detained.
The reasons for such delay in getting the cancellation of removal and adjustment adjustment of status may be due to two main reasons:
- The number of immigration judges available to hear your case.
- The existence of a fixed number of Green Cards per year.
Is it true that I can receive permanent residency through cancellation of removal?
Yes. The cancellation of removal for non-residents is not only a defense against deportation. If granted by an immigration judge, you will be eligible to receive permanent residency. In the same way, you can get a work permit for cancellation of deportation, if the resolution is favorable to your case.
Talk to a lawyer now
Immigration cases are complex, emotional and stressful. The law provides specific remedies that can help a person remain in the United States. You have the right to hire an attorney to put you in a better position when you present your case.
Our bilingual deportation deportation removal prioritize obtaining the best possible outcome, taking all necessary steps to meet the needs of our clients, obtaining the best result for each case.
