Cancellation of Removal in Deportation Proceedings

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If you have been ordered to be removed from the United States, applying for a cancellation of removal will make it possible for you to stay.

 It will require that you obtain legal immigration help in Los Angeles from Alami Law. Unfortunately, not everyone can take this step, but you can if you are a lawful permanent resident or of another immigration status and were ordered to be deported under Section 212 or Section 237 of the Immigration and Nationality Act.

Qualifying for the Cancellation of Removal

If you currently have a green card, you can apply for the cancellation of removal if you meet the following:

  • You were a lawfully admitted alien with permanent residence for at least five years.
  • You lived in the United States for the past seven years no matter how you entered.
  • You were never convicted of an aggravated felony.

The Time Requirements

If you are in deportation proceedings because you have several criminal convictions, as long as none of the convictions is an aggravated felony, you can have those convictions waived when you submit a cancellation of removal application.

The five-year time limit ends the day that you submit your application. The seven-year period ends after you receive a Notice to Appear or if you commit a crime that makes your admission into the U.S. unlikely.

An Example

Sebastian received a Notice to Appear on February 19 in 2020 after he was convicted of a possession of cocaine charge. He pled "no contest" on October 14, 2018. He was arrested on this charge February 12, 2018. When he entered the U.S. as a legal permanent resident, it was August 8, 2011, and his father sponsored him.

In the example, Sebastian cannot apply for the cancellation of removal because he hadn't been in the United States for seven continuous years. The period began the day that Sebastian came into the country, and that was August 8, 2011. It ended on the day that he committed his crime on February 12, 2018. He had six months left before he could have applied for a cancellation of removal.

Another Scenario

Now, let's suppose that Sebastian was granted asylum on July 24, 2010. He received a green card on August 15, 2014. The seven-year time period would have begun on July 24, 2010. In this case, Sebastian would have been eligible to apply for cancellation of removal because he would have been in the country for seven continuous years before he committed his crime on February 12, 2018.

Continuous Presence

If you were outside of the U.S. for more than 90 days at a time, you cannot claim continuous permanent residence. If you left the U.S. several times and these trips add up to more than 180 days outside of the U.S., this also breaks your continuous presence. If you are in the armed services, the continuous presence rule does not apply to you if you were serving in the military for at least 24 months on active duty.

Positive Equities

The first thing that an Immigration Judge will do is determine if you are eligible for the cancellation of removal. The judge will compare your positive attributes to your negative ones at this point. Any convictions will come up at this time.

You will need to do several things to present your case for remaining in the country, including the following:

  • Demonstrate that your family members would suffer hardship if you were to be deported.
  • Demonstrate that you have family in the United States.
  • Demonstrate that you have been in the United States for a long period of time.
  • Demonstrate that you have been working and paying taxes.
  • Demonstrate that you own property or a business in the U.S.
  • Demonstrate that you are no longer committing criminal acts and are living a moral life.

Other Considerations

The judge may consider several other things as well. For example, your age at the time of entry into the U.S., the present conditions in your home country, whether or not you can receive medical treatment that you need, the financial conditions of the people you will have to leave and the possibility of being able to return to the U.S.

The judge will examine all of the above factors. Then, he or she will decide whether or not to allow your cancellation of removal to go forward.

Denial or Approval

The judge may grant an approval of your cancellation of removal. Then, your convictions will never subject you to being removed from the country again. You will become a lawful permanent resident once again. In the event that you commit a crime for which you can be deported, your cancellation of removal will not be able to prevent it.

Appeals

If you are concerned that you may be removed from the United States, you must obtain legal immigration help Los Angeles from the Alami Law Firm. You may have been through the cancellation of removal process, but you didn't have proper representation. We can provide you with a deportation appeals attorney Los Angeles. A deportation appeals attorney can improve your chances of remaining in the country if you contact us today.

An < a href="https://alamilaw.com/pasadena/immigration-appeals/">immigration appeals attorney Los Angeles can help you in many situations that you may be in at the moment. If you are having difficulties obtaining a green card, a green card denial appeal lawyer Los Angeles can assist you. For example, there are several ways that you can be eligible to apply for a green card, and a green card denial appeal lawyer Los Angeles can help you find the right one.

Your case may be currently closed, but that doesn't necessarily mean that your case is hopeless. Appealing a closed immigration case in Los Angeles is possible, and you can find out if we can do this for you after you come in for a consultation. Don't give up before you inquire about appealing a closed immigration case in Los Angeles because it may be possible to have this overturned.

Contact our immigration lawyer in Los Angeles at Alami Law today. 

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