An application for Cancellation of Removal is essentially a statement that “even though I may be ‘deportable’ under the laws, please don’t deport me today because I am eligible under one of the specific laws passed by Congress.” If the judge agrees, not only will you be allowed to stay in the U.S., but you will actually be allowed to either keep or apply for permanent residence (a Green Card)!
If you are facing deportation, you need to consult with an experienced immigration lawyer to discuss all of your options under the law. When you go to court for cancellation of removal, the process is similar to a criminal trial, which means you will need to argue the facts of your case before a judge. Because this process is very complicated, it is crucial to have a seasoned lawyer on your side.
Cancellation of Removal includes the following laws:
- 42A Cancellation of Removal for permanent residents
- 42B Cancellation of Removal for certain nonpermanent residents
- VAWA Cancellation of Removal for certain victims of abuse
- Old 212(c) cases
- Old (Pre-1997) suspension of deportation
- Special rule cancellation under NACARA, HRIFA, and others
Each of these options, if approved, result in the cancellation of an individual’s deportation proceedings and the adjustment of status to Lawful Permanent Residency.
Requirements for Cancellation of Removal
There are some things that each of these statutes has in common. First, they all require some showing of continuous physical presence in the United States. For Non-Permanent Residents, the requirement is 10 years, under VAWA Cancellation it is 3 years. But regardless, you will want to save evidence of the amount of time that you live in the US. Keep your tax returns, pay stubs, receipts, leases, medical records, etc. These can all be used to help you.
Second, almost all types of the Cancellation of Removal require a showing of “Good Moral Character.” This is a term of art in immigration cases and can be quite complex. The best way to show good moral character is to avoid any criminal conduct and avoid participation in any type of violence or anti-social behavior.
Third, family hardship. Almost all forms of Cancellation of Removal also require some showing that you have a family who loves you and depends upon you. Stay true to your family, and keep them as a priority in your life. Depending on the type of cancellation, you might need to show that your family members are US citizens or green card holders and that they would suffer and Exceptional and Extremely Unusual Hardship if you were deported.
Things to Consider About Cancellation of Removal
- Removal Proceedings: Cancelation of Removal is only available to people already in removal proceedings.
- Eligibility: Even if you meet the basic statutory requirements, it does not necessarily mean you will be eligible for cancellation of removal. You can apply for cancellation of removal as either a legal permanent resident or a non-legal permanent resident. The process for non-legal permanent residents is more complicated because you will have to prove you have a qualifying family member who will suffer extreme and unusual hardship if you are deported.
- Time: Cancellation of removal is a long and slow-moving process due to the major backlog in the immigration courts. You may have to wait for quite a while before your trial is scheduled.
Speak to Our Legal Team Today
Speak to your lawyer depending on which type of case you have. At Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing deportation proceedings, but who wish to remain with their families in the United States. Cancellation of removal is only one of the many remedies that may be available if you are potentially facing deportation. We will aggressively investigate the facts and circumstances surrounding your case, and help you determine the option that is best calculated to allow you and your family to live where you choose. Contact our experienced deportation defense attorneys today, and learn how we can help.
We are committed to helping clients throughout Oakland resolve their immigration matters. Our team of experienced lawyers has the skills and resources you need to pursue justice and fair case results. Let us take a look at your case and get started building a strong legal strategy that will protect your rights and interests.