Deportation Defense Lawyer - Cancellation of Removal

After fighting for many years and standing still against the complexities and harshness of the immigration process, facing a deportation order can be devastating. Besides, the prospect of losing everything may pose a heavy burden on an immigrant’s shoulders. At Jaskot Law, our deportation defense lawyers can ease the burden.

What is the Cancellation of Removal Process?

Cancellation of Removal is a legal remedy available to certain undocumented immigrants facing deportation in the United States. It is a form of relief that, if granted, allows individuals to avoid deportation and obtain lawful permanent residency, thereby establishing a secure and legal immigration status.

This process is available for both documented and undocumented immigrants facing removal proceedings. Therefore, it offers a chance to avoid deportation and establish a stable life in the country they’ve come to call home.

Who is Eligible to Apply for a Cancellation of Removal?

To be eligible for Cancellation of Removal, an individual must meet a series of strict criteria. Among the most important requirements are:

Continuous Physical Presence: The person must have been continuously physically present in the U.S. for a minimum of ten years.
Good Moral Character: The individual must demonstrate good moral character during the ten-year period, avoiding serious criminal offenses.
Family Ties: For cancellation for non-permanent residents, the person must have a U.S. citizen or permanent resident spouse, parent, or child, and show that their removal would result in exceptional and extremely unusual hardship to their qualifying relative.

Understanding the complexities of Cancellation of Removal eligibility and procedures can be challenging. At Jaskot Law, our deportation defense lawyers strive to help qualified individuals attain the protection and stability they rightfully deserve in the United States.

Required Documentation to Cancel a Deportation Order

The Cancellation of Removal process demands applicants to submit meticulous documentation. The accuracy and correctness of such documentation is crucial to ensure a successful case. Among the required documents are:

Documentation such as lease agreements, utility bills, tax records, and employment records can establish the required ten years of continuous physical presence.

Affidavits from friends, family, and community members can help demonstrate good moral character and the hardship that deportation would cause to qualifying relatives.

Detailed evidence illustrating the emotional, financial, or medical hardship that deportation would cause to qualifying relatives.

Documents such as police clearance certificates that establish a clean criminal record. Besides, the applicant can present letters of recommendation and community involvement to evidence moral character.

Reports outlining home country conditions from credible sources to provide further context (if applicable).

Causes of Inadmissibility to the Cancellation Process

Certain factors within the process can render an applicant inadmissible to the Cancellation of Removal process. Such factors include, but are not limited to, the following:

Individuals convicted of aggravated felonies, drug-related offenses, firearms crimes, crimes of moral turpitude, or offenses resulting in a prison term exceeding one year are generally inadmissible.

Inadmissibility can result from activities related to espionage, sabotage, terrorist activities, or affiliations with terrorist organizations, posing a security threat to the United States.

Inadmissibility can occur due to communicable diseases of public health significance, such as tuberculosis or syphilis, without proper medical treatment or vaccination documentation.

Individuals who are likely to become a public charge (reliant on government assistance) due to lack of financial resources or employability can be considered inadmissible.

The causes of inadmissibility comprise an even larger list of factors. It is important to understand each cause, and ensure you do not fall into any of these categories so that you can access to the cancellation of a deportation order. We can help you.

Deportation Defense: Key Steps in the Process

The U Visa application process, like any other immigration process, requires a clear understanding of the steps involved.
From gathering documents to submitting the application, these are the key stages in this process:

Step 1

Preparation and Documentation

Gather all necessary documents to support your case. This includes proof of continuous physical presence in the U.S., evidence of good moral character, and documentation showcasing the exceptional hardship that deportation would impose on your qualifying relative(s).

Step 2

Filing Form EOIR-42A

Prepare and file Form EOIR-42A during your immigration court proceedings. This form serves as your formal application for Cancellation of Removal. Also, ensure the form is completed accurately and thoroughly.

Step 3

Presenting Your Case

During your court proceedings, present your case before the immigration judge. This involves submitting your Form EOIR-42A and presenting the supporting documentation. Your attorney will advocate on your behalf, arguing the merits of your case.

Step 4

Testimonies and Evidence

Prepare to provide testimonies and present evidence supporting your eligibility and the exceptional hardship faced by your qualifying relative(s). Your deportation defense lawyer may call witnesses, including mental health professionals, teachers, or experts, to strengthen your case.

Step 5

Immigration Judge's Decision

The immigration judge evaluates your case, considering the evidence, testimonies, and arguments presented. He or she will assess your eligibility based on the criteria outlined in immigration laws. The decision to grant or deny Cancellation of Removal is discretionary and rests with the judge.

If Approved: You will be allowed to stay in the U.S., and your status will be adjusted to lawful permanent residency, providing you with the rights and privileges of a permanent resident.
If Denied: You have the option to appeal the decision. The appeal process provides you with another opportunity to present your case and contest the denial.

Navigating the Cancellation of Removal process requires meticulous preparation, persuasive argumentation, and expert legal guidance. By following these steps diligently and collaborating closely with our deportation defense lawyers, you can maximize your chances of a favorable outcome.

What are the Benefits of Cancelling a Deportation Order?

The Cancellation of Removal process offers myriad and empowering advantages. From avoiding deportation to gaining lawful permanent residency, discover some of the life-changing advantages that pave the way for stability and opportunity:By significantly enhancing the well-being of applicants, the U Visa provides:

Avoiding Deportation

Individuals who receive this relief are saved from the imminent threat of deportation, providing them with stability and security in their adopted home.

Lawful Permanent Residency

Cancellation of Removal leads to a change in immigration status, granting individuals lawful permanent residency (LPR) in the United States. Thus, individuals are authorized to live and work in the U.S. permanently, enjoying the same rights and protections as American citizens, except for the right to vote.

Access to Social Benefits

Lawful permanent residents have access to an array of social benefits, including healthcare programs, educational opportunities, and social welfare services. They can enroll in public schools, apply for scholarships, and access government-sponsored healthcare services, providing a better quality of life for themselves and their families.

Employment Opportunities

Individuals gain the freedom to pursue various employment opportunities without the limitations faced by undocumented immigrants. They can seek employment in a broader range of fields, enhancing their career prospects and financial stability.

Path to U.S. Citizenship

Lawful permanent residents are eligible to apply for U.S. citizenship through naturalization after meeting specific residency and other requirements. This transformative step grants individuals the full rights and privileges of American citizenship, including the right to vote and participate fully in civic life.

Trust in the Legal Advice of our Deportation Defense Lawyers

Navigating the Cancellation of Removal process can be complex. However, with careful preparation, attention to detail, and, if necessary, professional legal guidance, individuals can successfully transition to permanent residency in the United States.

You can trust our skilled deportation defense lawyers to handle your case and ensure your future in the United States. With a strong commitment and passion to fight for justice and immigrant rights, we accompany every step of the way.

FAQs to Further Understand the Cancellation of Removal

Can I apply for Cancellation of Removal if I have a criminal record?

It depends on the nature of the offenses. Serious crimes might be a strong cause of inadmissibility and render an applicant ineligible, so consulting a deportation defense lawyer is crucial to avoid falling into being inadmissible.

Is there a limit on how many people can be granted Cancellation of Removal?

Yes, there is a fixed limit on the number of people granted Cancellation of Removal. Currently, pursuant to INA § 240A(e)(1), a total of more than 4,000 aliens in any fiscal year can be granted cancellation of removal.

How long does the Cancellation of Removal process take?

The process duration varies, but it often takes several months, depending on the complexity of the case and the court's schedule. Generally, the process can take from a year to a year and a half, so it is important to count on professional guidance to be well-informed.