When facing deportation, many become overwhelmed and confused by the legal proceedings that constitute the removal process. The team at the Federal Practice group has years of experience fighting deportation cases, and knows how to find the best strategy for your case. When seeking relief, one common route taken by those threatened with deportation is to file for Cancellation of Removal. This process was created 1996 with the Illegal Immigration Reform and Responsibility Act. An application for Cancellation of Removal allows those heading to Immigration Court to advocate against his or her deportation from the country.
Lawful Permanent Residents:
To be eligible for Cancellation of Removal as a Lawful Permanent Resident, an applicant must prove that he/she:
To be eligible for Cancellation of Removal as a Non-Permanent Resident (undocumented, nonimmigrant, etc.), an applicant must prove that he/she:
Alternatively, a non-permanent resident can qualify to have removal canceled upon showing that:
The U.S. Department of Justice provides two separate forms for permanent residents and non-permanent residents. It is important to read the form in its entirety. The information it contains is extremely important.
Upon submitting your application, you need to provide biometric and biographic information to the United States Citizen and Immigration Services (USCIS), as required by the Department of Homeland Security (DHS). DHS requires that you send a copy of your application to the appropriate USCIS Service Center.
You must then provide the following documents to the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE). The required documents vary depending on your residence status.
As a Permanent Resident:
As a Non-Permanent Resident:
The requirements are similar, however a non-permanent resident must also provide:
Applications for Cancellation of Removal are decided by the Immigration Judge’s discretion, meaning it is largely up to him/her whether your submission will be approved. When considering your application, the judge may weigh the following when evaluating your cancellation:
Our immigration team has extensive experience in removal proceedings. We have consistently obtained relief for our clients before an Immigration Court, and our attorneys are prepared to fight for your case during this potentially life-changing process. Though the process may be daunting, the experts on our team can provide invaluable insight into the nuances of the United States legal system. Contact the Federal Practice Group for more information on how our team can assist you in obtaining Cancellation of Removal relief before an Immigration Judge.
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