Through cancellation of removal, you can avoid being deported from the U. S. In addition, if you receive it, you could become a lawful permanent resident and eventually become a U. S. citizen.
For any foreigner, facing a deportation case can be a distressing situation. However, this process is not always completed, since there are immigration reliefs to stop it.
The Los Angeles immigration lawyers at Lluis Law have extensive experience to help combat these cases. Call us now and we can determine if he has any alternatives to avoid removal from the U. S.
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Table of Contents
Cancellation of removal is an immigration relief designed to help national foreigners who are about to be deported or removed from the United States.
This immigration relief was created by the U. S. Congress to replace the “suspension of deportation”, which was in effect until 1997.
If you are under deportation proceedings, know that an immigration appeal process can be won. Our deportation lawyers can defend you and increase your chances of staying in the U. S.
Through the cancellation of removal process, an immigrant can avoid being deported from the U. S. However, only immigrants facing deportation will be able to apply for this immigration relief.
This means that if your immigration case has already been closed, you will not be able to apply for this relief, unless you manage to reopen the case.
In any case, some of the most used immigration strategies against deportation include:
Generally, you will receive a Notice to Appear (NTA) if Immigration and Customs Enforcement (ICE) has accused you of violating an immigration law.
This notice includes all causes to place you in removal proceedings from the United States.
Form I-881 is intended for aliens who meet the requirements to apply for withholding of deportation or cancellation of removal under NACARA law.
It is possible to overturn a deportation order, but only under certain criteria. Additionally, those seeking cancellation of deportation must meet several requirements:
How do I cancel a deportation order? This is something that we will explain throughout the article. If you achieve this, you will be able to live legally in the country. To learn more about the latter, read our blog “How to legally enter the United States”.
The length of time depends on the immigration court, so it can be from a year to a year and a half.
An exceptional and extremely unusual hardship is the hardship you need to demonstrate before an immigration judge to obtain cancellation of removal.
Basically, you must show that deportation would cause your child, spouse, or parent significant suffering. In general, it is worse than the difficulties expected in a typical deportation. This can usually include:
Our team of cancellation of removal attorneys has extensive experience in immigration law to help you design the best possible strategy.
Generally, you must commit a violation of U. S. law to be deported from the United States. The Nationality and Immigration Act (INA) clearly indicates what types of circumstances can lead to deportation.
Among the most common causes are:
Although most of these crimes do not involve violence, they constitute serious violations of national law. Therefore, they establish a cause for deportation.
Additionally, there are other circumstances under which an immigrant could be deported. For example, participating in U. S. elections without being are an American citizen.
Remember that if you stay in the country, there are serious consequences for unlawful presence in the United States. However, some cases may be favorable. We invite you to learn more about this in our blog “What happens if you overstay your US visa”.
During deportation proceedings, individuals may remain in detention centers until their trial in immigration court or deportation.
Additionally, they may face quick deportation if they did not meet entry requirements or a longer process before a judge in immigration court.
You must follow several steps and requirements to stop a removal order through cancellation of removal. To do this, you must submit one of the following two documents depending on your immigration status:
It should be noted that the procedure to follow will depend on your status in the United States. Below, we will explain these two forms in more detail.
The Green Card grants rights similar to those of American citizens. However, under certain circumstances, a lawful permanent resident may face the possibility of being deported from the United States.
If you are a lawful permanent resident you must meet a series of basic requirements to avoid being deported:
If you meet these requirements, the steps to request cancellation of deportation become less complex. These are usually:
You must complete form EOIR-42A, providing information about your previous jobs and corresponding addresses.
Some of the questions are designed to assess your eligibility for cancellation of removal. Therefore, you must be careful when answering them.
Once your application is accepted, you will be called for an interview. There, you will have the opportunity to demonstrate that you meet the basic eligibility requirements and that you deserve to maintain your residency.
The immigration judge will review your case, evaluating:
Having the assistance of an attorney will help you prepare for the interview and ensure that you have correctly completed the necessary paperwork. Call us, as these steps are decisive to ensure your lawful permanent residence.
Cancellation of removal cases for nonresident immigrants are often more complicated. To prove your eligibility to the judge, you must do one of the following:
Some beneficiaries of this second option may also be eligible for other types of immigration relief. For example:
However, it is recommended to analyze all the available options and select the one that best suits your scenario.
If you qualify for any of the options mentioned above and meet all the requirements, you must:
The cancellation of removal process has 3 phases or stages:
Because these cases are complex, representation by an immigration attorney is highly recommended. At Lluis Law, we have two lawyers with extensive professional experience in these matters.
There are certain deportable offenses. What’s more, committing them would not only make you inadmissible for cancellation of deportation, you would also be inadmissible to the U. S. permanently or be imprisoned. These crimes usually are:
If you commit any of these crimes, you may not even be able to appeal a deportation order. You also risk more severe punishment.
What happens with an illegal reentry after a deportation? It is a frequently asked question in our office that we have answered in an article. If you think this will happen to you, don’t hesitate to call us.
Below we will show some of the evidence that demonstrates residence in the United States:
If aliens are denied immigration relief from cancellation of removal, they may file an immigration appeal request with the Board of Immigration Appeals (BIA). To do this, the foreigner must:
This is possible in the following scenarios:
Note: Please note that the final decision rests with USCIS. They may reject your request as it is an exemption from the poorly established law. Contact us to see your options.
Currently the cancellation of removal process can be extended up to 4 years for individuals who have not been detained. The reason for this delay is due to the number of immigration judges available and the number of Green Cards issued annually.
The short answer is yes. Cancellation of removal not only avoids being deported, it also grants lawful permanent residence (Green Card).
Additionally, beneficiaries can obtain a work permit through cancellation of removal. Of course, the case must first turn out to be favorable.
After obtaining a Green Card in the United States, an individual can maintain this status indefinitely. However, you must comply with relevant regulations. In addition:
If an undocumented immigrant can demonstrate that they have suffered abuse, they may be eligible for cancellation of removal under VAWA.
The Violence Against Women Act (VAWA) provides that some individuals who are victims of domestic violence have the option of applying to an immigration judge for a Green Card.
This process is known as “cancellation of removal” based on VAWA, and is governed by Section 1229(b) of Title 8 of the United States Code.
Cancellation of removal cases are very difficult to win and require high standards for a positive outcome.
Therefore, foreigners may consider other forms of immigration relief for which they may be eligible. For example, asylum or voluntary departure.
Requesting a cancellation of removal is very risky because if the immigration judge denies the case, the foreigner must leave the U. S. For this process it is advisable to have the help of an immigration attorney who represents the case.
You can obtain legal status if:
If you have questions about a bringing your parents to the U. S. permanently, do not hesitate to contact us. Our professionals will be able to advise you from start to finish.
If you have a deportation order, you can request a review to vacate it. If this is not possible, you may be eligible for I-212 waiver.
In any case, we remind you that this relief brings with it several benefits, such as:
You may have 2 options:
If you are outside the United States, you can ask the Attorney General for permission to return. Of course, these processes are complex, so it is advisable to consult with our professionals.
Traveling while in removal proceedings is generally possible, but a travel permit is required. Without this permission, the process could continue without you and result in a deportation order in your absence.
Review our post “What is advance parole” to learn more.
Deportation cases are overwhelming, let alone facing a cancellation of removal case. These cases are very difficult to win and not just any attorney can represent the immigrant effectively.
With only a limit of 4,000 cancellations of removal approved per fiscal year, foreigners may find themselves in a complex situation if they wish to remain in the United States.
The Lluis Law firm has the prestige of having more than 40 years of combined experience in all types of immigration cases. If you or a family member is facing a deportation case, contact us immediately to review your case.
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August 9, 2022
February 8, 2024
Lluis Law84 Google reviewsMarlen Fernandez2024-02-27Gracias a todo el equipo del abogado Lluis Law muy profesionales en especial a Mayra ella siempre al pendiente de todo muy buena comunicación los recomiendo cien por ciento 🥰🥰🥰🥰🥰🥰🥰🥰😍😍😍😍😍😍😍solimar chinchilla2023-11-17Thank you to Luis Law, attorney Luis and Marisol for helping me through my citizenship process as I had concerns but they assure me it will all be okay. I highly recommend they are helpful, professional and would call each time for updates. I am now a U.S. citizen with the help of Luis Law Firm. Thank you again! From - Jorge Alberto ChinchillaChris Mendez2023-10-05Highly recommend this law firm. They helped me with my immigration case. Positive outcome.Jeisel Aguilar2023-10-04Personal muy amable y confiable, con respecto a mi caso, el tramite ha sido sumamente rápido y efectivoVinicio Nicolas2023-10-02Gracias a Marisol y el abogado por ayudarme obtener mi residencia.
For more information and to request a consultation with our attorneys, contact the Lluis Law office.
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