It is important that you are aware that non-permanent residents and even lawful permanent residents have the potential of removal proceedings under certain circumstances. It is a horrible thing to think about, considering you may have your family and life that you built on your own in the U.S. Luckily, you may have the possibility to delay or even put a stop to the removal.
What is Cancellation of Removal?
Cancellation of removal is a form of helping non-permanent residents potentially avoid deportation or removal. However, you are only able to apply for cancellation of removal if you have an ongoing case in deportation or removal proceedings in an Immigration Court. It is important to note that if you don’t have a date to appear in Immigration Court, then you are not allowed to apply for cancellation of removal.
Also, if you have already appeared in Immigration Court, then your case is now considered closed, therefore, you can’t apply for cancellation of removal. The only way one would be able to apply is if you manage to convince the Immigration Court to grant a motion to reopen your case.
Cancellation of removal is an optional form of helping non-permanent as well as lawful residents who have received a deportation notice. However, you must be eligible to qualify for this form of relief. The final decision of removal to stop deportation is ultimately up to the Immigration Judge and he or she can decide whether or not your case will be approved or denied.
Eligibility Requirements for Cancellation of Removal
In order for one to become eligible for cancellation of removal, the following must be proven for individuals who are not lawful permanent residents:
- You must have continuously spent at least 10 years in the U.S.
- You must have good moral character during the 10 years you spent in the U.S.
- You must not have any unlawful convictions.
- Your potential deportation would cause “exceptional and extremely unusual hardship” to you or your U.S. citizen spouse, child, or parent.
In addition, the eligibility requirements differ for individuals who have a lawful permanent resident status but have received notice of deportation proceedings. Often times in these types of cases, the individual has committed an unlawful crime.
In order for one to become eligible for cancelation of removal, the following must be proven for individuals who are lawful permanent residents but have received notice of deportation:
- You must have held permanent residency for at least five years.
- You have continuously lived in the United States for a minimum of seven years after legally entering the U.S.
- You have not been convicted of a felony.
Applying for Cancellation
If you plan to apply for cancellation of removal, it is imperative that you have a deportation lawyer Pasadena on your side. If you have questions about applying for cancellation of removal, feel free to contact our office to speak to a deportation attorney. It is important that you fully understand the process and that you know how to apply correctly. It can be a confusing process for some, which is why you should never try to handle it alone.
If you have an upcoming Immigration Court date and you do not have permanent residency and/or a green card, cancellation of removal may protect you from being deported. By speaking to a deportation immigration attorney, he or she will thoroughly explain to you the steps that you will need to take in order to ensure that you have the assistance you need.
Our experienced immigration lawyer Pasadena and legal staff are here to help you every step of the way. Don’t hesitate to contact us at any time. We are here to help.