J. Molina Law Firm PLLC

What is Cancellation of Removal?

You have likely heard about deportation court. Whether it may have been a member of your family, a friend, or a coworker, you may know someone who has been put in deportation proceedings for some reason or another. When this happens, you may find a solution with cancellation of removal. So, what is Cancellation of Removal?

Cancellation of removal is an immigration benefit that might be provided for permanent residents and non-permanent residents (people who have never had a green card) that are placed in deportation proceedings. If the cancellation of removal is allowed by the Immigration Judge, the deportation from the United States will be stopped and will enable the applicant to stay in the U.S. legally as a lawfully admitted permanent resident.

The criteria for green card holders and non-permanent lawful residents are different. To be considered for cancellation of removal, a green card holder must prove that they have been a resident for at least 5 years, that they have continuously lived in the U.S. for at least 7 years, and that they have not been convicted of an aggravated felony. A non-resident needs to prove they have been physically present in the U.S. for at least 10 years.

The following is a list of other non-exhaustive factors that will help an immigration judge decide to grant or deny cancellation of removal:

  • Family ties within the U.S., and evidence of hardship to the green card holder or citizen family members if deported.
  • Service in armed forces.
  • History of legal employment.
  • Existence of property or business ties.
  • Existence of value and service to the community.
  • Proof of genuine rehabilitation if a criminal record exists (e.g., lack of commission of additional crimes, enrollment in and attendance at rehabilitation programs, statements of remorse, and letters of good character).
  • Evidence attesting to a good character.
  • Nature and underlying circumstances of grounds of removal.
  • Additional significant immigration violations.

 

Every case is different, and there is more evidence that an Immigration Judge may take into consideration before granting cancellation of removal. Other details such as the potential or actual pregnancy of an applicant’s partner, the circumstances surrounding a crime if committed, and other factors are important in immigration court.

The J. Molina Law Firm specializes in this type of cases. If you need assistance with your case, don’t hesitate and call us today! You can schedule a confidential consultation with an expert immigration attorney that will help you every step of the way. Book your appointment online or call us at 469-708-5800.