Have you been ordered removed or deported from the United States? Talk to a deportation defense attorney immediately. Cancellation of removal is a form of discretionary relief and is only available in immigration court before an immigration judge. This ONE-TIME limited form of relief is available to particular legal permanent residents (LPR) and non-legal permanent residents (Non-LPR).
In order to qualify for relief as an LPR, certain requirements must be met. The burden of proof is on the respondent to show that you have met the requirements and that you are deserving of an opportunity to remain in the U.S. Even if all requirements are met, it is still discretionary by the judge to grant either a cancellation or removal whereby your green card is reinstated, or the judge orders you removed. A Palm Bay cancellation of removal lawyer could explain your rights, help you understand the deportation process, and let you know if you are likely to qualify for cancellation of removal.
Removal proceedings are one of the most frightening experiences most immigrants will face. The Department of Homeland Security (DHS) initiates removal proceedings—also known as deportation proceedings—in an attempt to send immigrants back to their home countries.
A person in Palm Bay must already be in removal proceedings to qualify for cancellation. In other words, an attorney cannot preemptively cancel a removal. However, if someone is aware of a vulnerability that could lead to their removal, an attorney may be able to help correct the issue—potentially preventing removal altogether.
DHS cannot just initiate the proceedings against legal residents for no reason; they must base them on the grounds found in 8 U.S.C. § 1227. Some of the common reasons that DHS begins removal proceedings:
Having a legitimate reason for removal does not mean that the government will be successful. Individuals may still have the opportunity to get the proceedings canceled if they can prove to the immigration judge that their removal would result in significant hardship for them or their families.
Getting a case dismissed or canceled is easier if the grounds for removal are unfounded or based on pretense. Determining if the grounds are valid requires a hearing. Respondents have the right to legal representation but are not entitled to government-appointed counsel.
To begin the cancellation process, individuals must submit a request to stop the deportation. After receiving a notice of removal proceedings, they must appear before an immigration judge at the Executive Office for Immigration Review. If the judge rules against a respondent, appealing the decision is possible. The next step is to appeal to the Board of Immigration Appeals or a federal circuit court judge. Any of these authorities can approve a cancellation of removal. By that point in the process, DHS, USCIS, and ICE have no control over it.
Preventing deportation is just the initial step. The individual must then address the underlying issue that triggered the removal proceedings to legalize their stay in the U.S.
To qualify for cancellation of removal in Palm Bay, a person must either be a legal permanent resident with a Green Card or a non-legal permanent resident. The process is usually more straightforward for Green Card holders.
To qualify for relief as a Non-LPR, there are more stringent requirements to be met compared to an LPR. One major hurdle is for the respondent to show their removal would cause “extreme and unusual hardship” to their qualifying LPR and U.S. citizen relative(s). Even if all the requirements are met, this is also discretionary by the judge in granting relief. Granting relief would result in receiving a green card, while denial would result in your removal.
It is important to note that this process is detailed and requires vigorous advocating on your behalf. Working with an attorney will ensure that you have the most robust case possible. Our Palm Bay cancellation of removal lawyer has had successful outcomes with these matters. Contact us immediately to assist with your case.
