How Does Cancellation of Removal Work?

If you or someone you love is in fear of being deported, it is natural to feel overwhelmed and unsure of what will happen next. Fortunately, in the United States there are options that can help you legally remain in the country. One of these is known as cancellation of removal. This legal process can stop deportation, allowing eligible individuals to stay in the country. Below, our Atlanta deportation defense lawyer explains how the process works.

What is Cancellation of Removal? 

Cancellation of removal is a type of relief that immigration judges may grant to certain individuals. Depending on your immigration status, there are different categories available. These include:

• Cancellation for non-permanent residents: Undocumented immigrants may be able to apply if they meet certain requirements related to family hardship, moral character, and the time spent in the United States.
• Cancellation for lawful permanent residents: Lawful permanent residents, also known as green card holders, may qualify if they meet certain residency requirements. Rehabilitation standards are also applicable in some cases.
• Violence Against Women Act (VAWA): Some individuals who are offered protection under the VAWA may be eligible under separate rules.

Eligibility Requirements for Lawful Permanent Residents

Green card holders may be eligible for cancellation of removal if they meet the following requirements:

• Must have been a green card holder for a minimum of five years
• Must have resided in the United States for at least seven years after legally entering the country
• Cannot have been convicted of an aggravated felony
• Can demonstrate that they have contributed to society in a positive way and that this outweighs any negative factors against them

Eligibility Requirements for Non-Permanent Residents

The eligibility requirements for non-permanent residents pursuing cancellation of removal are stricter than those for green card holders. They include:

• A physical presence in the United States for a minimum of ten continuous years
• Has shown good moral character during their time in the U.S.
• Must prove that deportation would cause extreme and exceptional hardship to an American citizen or spouse, child, or parent who is a lawful permanent resident
• Cannot have any previous immigration violations or criminal convictions that disqualify them

How Can an Attorney Help?

Cancellation of removal cases require in-depth knowledge of the immigration laws in the U.S., evidence presentation, and courtroom procedure. An attorney will bring extensive dedication and experience to your case and guide you through the deportation proceedings so you can increase your chances of success. From collecting critical evidence to providing representation in front of an immigration judge, an attorney can help you stay in the country and keep your family together.

Our Deportation Defense Lawyer in Atlanta Can Help 

Cancellation of removal is one type of relief, but do not go through the process alone. Our Atlanta deportation defense lawyer can provide the legal representation you need for the best chance of success. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

justice.gov/eoir/cancellation-removal-permanent-residents