Cancellation of removal is one way that an immigrant can avoid deportation or removal from the United States. Only individuals currently facing deportation or removal can file for such relief. If your case is already closed, you cannot file for this release unless you manage to reopen your case.
An immigration judge has the option to decide whether or not to offer this remedy. It is vital in these instances to find a Marietta cancellation of removal lawyer. Your compassionate deportation defense attorney might be able to safeguard your rights and determine your best course of action. They could also counsel you regarding filing the appropriate documents at the relevant times. Working with a lawyer earlier rather than later may save you a great deal of trouble down the road.
Individuals seeking cancellation of removal will have to prove several factors. First, the person must have lived in the United States for the past ten years, starting from their date of entry to the date of their notice to appear in immigration court. Any absence from the country that lasts more than 90 days, or 180 combined days out of the country, will disqualify a person for this remedy.
Persons must also demonstrate evidence of good moral character. Any criminal convictions that qualify for deportation might prevent a person from obtaining a cancellation of removal. Finally, individuals must also indicate that deportation would lead to extreme and exceptional undue hardship to the person’s permanent resident immediate family members. This includes parents, children, and spouses.
Even if a person believes they qualify based on these requirements, making a case for cancellation of removal can be difficult. It will be essential to find a local cancellation of removal attorney who could evaluate the person’s case and build a strategy.
Criminal convictions that prevent a person from benefiting from cancellation of removal include felonies but also some minor offenses. Shoplifting cases and possession of drugs may be enough to prevent a person from using this form of legal remedy.
Individuals are sometimes surprised to learn that even after completing probation and paying fines, a conviction will come back and harm their immigration hopes.
Some convictions will not prevent a person from securing cancellation but may become relevant as part of a judge’s analysis of the person’s character. An attorney could evaluate a person’s history to determine whether past behaviors or convictions will prohibit them from canceling removal proceedings.
Proving an exceptional and extreme hardship can be a difficult standard to meet. Judges have a large amount of discretion in determining exactly which hardships meet this burden.
Having a close family member deported would cause any individual to experience significant hardship. However, the hardship must be more severe than that which anyone would customarily anticipate when a family member or loved one is deported from the country. Additionally, economic hardship alone will not qualify a person for cancellation of removal.
Individuals who believe they have a case will need to speak to a Marietta deportation prevention lawyer. This option may be useful for some individuals but it will be necessary to have a skilled legal advocate help build the case.
Immigration cases are complex, emotional, and stressful. The law provides specific remedies that can help an individual remain in the United States. You have the right to hire an attorney to put yourself in a better position when you make your case. A bilingual Marietta cancellation of removal lawyer could review your status and guide you through the process.