Cancellation of removal or deportation
A path to residence in the United States
Being an immigrant is one of the most difficult experiences there is, but in countries such as the United States there are different options that allow to improve the condition of its foreign residents. One of these options is what is called cancellation of removal or deportation, which can help quite a large number of people.
What does cancellation of removal or deportation mean, exactly? Who can apply? Is it possible to get help for cases like these? You must know that this process is a way to remain in the United States legally, as long as you meet all the requirements.
Residents and non-residents can apply. It is actually a lengthy and complex process that requires professional help because the process takes place before an immigration court in the country. We would be glad to help you if you have case like this.
Did you know that not everyone can apply? Permanent residents and non-residents must meet a specific criteria. The good thing is that once your application is approved, you can become a legal permanent resident in the United States.
What is the role of the attorney?
The role of the attorney is crucial during a cancellation of removal proceeding. For those who are not permanent residents, this situation tends to be more complicated since the US Government has a limited quota of people who can apply every year.
Each year, there are about 3,500 legal residence permits available. For this reason. hiring the services of an immigration lawyer who has experience in this kind of cases is extremely important because the case needs to be handled in a very careful and professional way.
As part of the process is indispensable to have the necessary documents needed and proof that can help you apply and win the case. It is the attorney who will be before the immigration judge to defend an application, and it is the latter who has the last word.
You must keep in mind that it is very important to find and immigration attorney who has the necessary experience in this kind of cases. Otherwise, you run the risk of being deported.
Generally speaking, the applicants (whether they are legal permanent residents or non-residents) must meet one important requirement: prove that you have lived in the United States during at least 7 years for legal permanent residents and 10 years for non-residents.
How does the cancellation of deportation apply to non-residents?
It applies to non-residents when they have continuously lived in the United States for 10 years, they should have a good moral fiber, and prove that deportation procedures could bring extreme and exceptionally unusual difficulties to their immediate relatives.
Once the evidence has been reviewed by an immigration judge who decides to cancel or not removal proceedings. If it is approved, then the foreign citizen would be granted legal permanent residence in the United States.
There are so many benefits from a cancellation of removal or deportation, among which are: obtaining a green card, and along with it the right to legally work in the country without the need of an Employment Authorization Document.
Likewise, the person will be able to obtain government aid and a Social Security number.
When does it apply to Legal Permanent Residents?
It applies to legal permanent residents when they have continuously lived in the United States for 7 years, and have been convicted of a crime. In their case, the deportation process could start as a consequence for such acts.
It applies to the applicant as long as he or she has not been convicted by any crime during the first 5 years of your residence in the country. Of course, if you want to find out personally whether you qualify or not for the cancellation of removal you will need the professional help of an immigration lawyer.
If your application is successful and the judge approves your cancellation of removal or deportation, there will be a lot of benefits for you as a foreign citizen, and for every member of the family.
Another important aspect is that when you get legal permanent residence in the United States is that you will be a permanent resident indefinitely, as long as you do not do anything against the law that regulates permanent residence in the United States.
What do you need to do to benefit from the ‘cancellation of removal or deportation’?
You must keep in mind that it is not possible to request this process unless your are undergoing a deportation procedure. A requirement is that you personally answer to a cancellation of deportation 42b (for those who are undocumented immigrants) and 42a (for permanent residents).
It is necessary to pay for the corresponding fees to the United States Citizen and Immigration Services (USCIS) which adds up to $185 for your biometric data to be collected.
Lastly, with the help of an immigration attorney, you should analize your case and prepare everything you need present. Besides, all of the information you present must be legally valid, and the witnesses that go to court must tell the truth.
There are 2 things that can happen. Your application could be approved and you can become a legal permanent resident, and you could have to renew your residence every 10 years, or even better, you can try to become an American citizen using the process of naturalization provided you meet all the requirements.
The other thing that could happen is that your application is denied. In that scenario, you would have to leave the country.
How can an undocumented immigrant prove that he or she has lived in the USA for 10 years?
For most immigrants, it is quite a difficult thing to do, but it is even more difficult for undocumented immigrant. In these cases, it is more complicated to prove, for example, that you have lived for 10 years in the United States, which is an important requirement for cancellation of removal.
In order to prove it, it is recommended to have backup documents such as income tax proof, mortgages, cable tv, phone or other bills, or receipts from other financial institutions.
You must know that this application cannot be made by people who have come to the United States as part of an aircrew or ship crew or if you have remained in the country through exchange programs.
The same applies for those who have been victims of persecution or beneficiaries in the process of the cancellation of deportation.
In the case of people who have been victims of kind of domestic violence, the abused spouse, whether he or she is a citizen or a permanent resident. This also benefits the children when they have also been victims of abuse.
Likewise, when the abused children of a citizen or a legal permanent resident, or the parent of a an abused child.
The requirements go on, since in order for the process to be approved, the victim must have lived in the United States for 3 years, he or she must have good moral fiber, and not having been convicted of any crimes.
The applicant should also prove that his or her leaving the country will represent a very complex situation in their lives, and that of their relatives.
“Did you know that not everyone can apply? Permanent residents and non-residents must meet a specific criteria. The good thing is that once your application is approved, you can become a legal permanent resident in the United States.“
What is the cancellation of deportation and Adjustment of Status?
For people who after living in the United States for quite some time, and still do not have the legal permanent resident status, there is something called cancellation of deportation and adjustment, which is pretty much a legal defense against expulsion from the country.
As part of the procedure, the person is tried in an immigration court and should also meet the following requirements: he or she must be for at least 10 years in the country, be of good moral fiber, and prove that his or her deportation will cause serious difficulties to close relatives.
Among immigrants, it is called “the 10-year law”, when a case is presented in an American court and the judge finally decides whether to cancel the removal of an immigrant and accepts his adjustment of status to become a legal permanent resident.
What are the steps that you need to take to ask for a cancellation of deportation?
The foreign citizen must be in a process of deportation, but if he is not, he or she can request from USCIS a notice of appearance, and then send the case to a the court.
It would be ideal if the applicant is half way through a deportation procedure. Although it is not always so, that is why it is strongly recommended that you go to an immigration lawyer with experience in cancellation of deportation procedures.
There are several stages to successfully complete an application for cancellation of removal or deportation. As we have said throughout this article, the first part is cancellation of deportation 42b or, if the case requires it, 42a, and pay for the fees to the USCIS.
The second stage deals with the preparation of the applicant’s statement and presenting it before an Immigration Court’s hearing. Afterwards, he or she will have to attend a personal hearing.
During both hearings, the applicant must prove with documents, statements, and witnesses, that the relatives will face serious difficulties if they leave the United States.
Finally, it is the immigration judge who will be in charge of determining the cancellation of deportation, and then move on to assigning a permanent residence to the applicant.
Aside from the aforementioned process it is necessary to pay for the USCIS fees which, depending on the case, whether it is for undocumented residents or legal permanent residents.
Since there are official changes regularly, we recommend you to visit the official USCIS website:
What kind of situations can lead to a Deportation?
If a foreign citizen commits crimes, it is most likely that he or she will face a deportation process, which implies the return of the forceful expulsion of a foreign resident to his or her country of origin.
However, who is eligible? According to the United States Immigration Law, eligible foreign residents are inadmissible, which means that those who are deemed inadmissible when they try to return to the country where they need to regularize their situation.
Also, those foreign residents that do not comply with the law, and those who abuse of their condition of admission of immigration of status.
The foreign residents that enter the country under certain conditions, or those who engage in criminal activities such as smugglers, felons, or people who present fraudulent marriages, unregistered foreign residents, suspects of terrorism, etc.
There is also an exemption of deportation status that can be acquired when the applicant has been a victim of domestic violence.
On the other hand, there is also a possibility to offer asylum to foreign citizens who have a refugee status, for which the applicant must prove that if this person returns to his or her country of origin that are being persecuted.
The cancellation of deportation process applies as long as the requirements are met. We know that it is very wise if a foreign citizen avoids a situation in that would lead to a deportation, but if this is the case, then you will face this process before an immigration court.
The procedure consists of a condition (for those people involved in deportation procedures) that can get a defense and avoid their deportation to their country of origin. This happens to so many foreign residents that arrive to the United States looking for the best conditions of living.
The cancellation of removal process is a type of defense where a person who meets the specific requirements with the authorities in the United States, whether he is acquitted or expelled from the country.
One of the requirements is that a relative will be seriously affected by a deportation. In order to do that, it is necessary to show that there are extreme medical situations, such as suffering cancer, Down Syndrome, heart disease, and so on.
Although winning a case is not an easy thing to do, it can be done. Aside from the conditions mentioned above, if you can prove that the person who will be deported has minor children, it could help advance your case immensely.
The only way in which you can request this help is by doing it through an immigration court. The cancellation of deportation is a long and complex process, for which you should seek professional legal help.
If you are or have been an immigrant, and you know that your situations can be extremely difficult, and you have to go through deportation proceedings, it is even worse. Hence, the cancellation of deportation process is a great relief for those who can benefit from it.
If you qualify for such a process, we strongly suggest that you find all the necessary help. Your success in a case like this will depend on it.
Whether you, or someone you know, needs help with immigration procedures; or you are a victim of the judicial system, we can help you. Keep in mind:
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