Cancellation of Removal Lawyer
Fighting Deportation Through Cancellation of Removal
Facing deportation is frightening and overwhelming, especially when your family, work, and entire life are all rooted in the United States. Cancellation of removal is one defense available in immigration court, but it can also be very difficult to win. With this form of relief, qualifying individuals can ask an immigration judge to stop deportation and, in certain cases, grant lawful permanent residence.
Because of the complex nature of these cases, working with an experienced cancellation of removal lawyer can make a significant difference in how your case is handled. Call Jorge Munoz Law Firm at 786-678-8587 to discuss your case with our team now.
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What is Cancellation of Removal?
Cancellation of removal is a type of immigration relief that can only be granted in immigration court. When granted, an immigration judge can cancel a removal order and allow the individual to stay in the United States. There are two main types of cancellation that may apply:
- Cancellation of removal for non-permanent residents
- Cancellation of removal for lawful permanent residents
In both of these cases, you have to meet strict eligibility requirements and present convincing evidence to make your case. Meeting the basic requirements isn’t necessarily enough and does not result in automatic approval.
Cancellation of Removal Requirements
When you start this process, the first step is verifying that you meet the basic cancellation of removal requirements.
Non-Permanent Residents
A non-permanent resident fighting removal needs to show:
- 10 or more years of continuous presence in the United States
- Good moral character while in the United States
- No disqualifying criminal convictions
- Removal would result in exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child
Permanent Residents
If a permanent resident is at risk of removal, they must be able to demonstrate:
- At least 5 years as a lawful permanent resident
- At least 7 years of continuous residence after lawful admission
- No aggravated felony convictions
Again, meeting these basic requirements does not guarantee cancellation of removal.
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What Does “Exceptional and Extremely Unusual Hardship” Mean?
The crux of most non-permanent resident cases is proving that their removal would result in exceptional and extremely unusual hardship. Immigration judges are looking at how the individual’s removal would affect qualifying permanent resident and U.S. citizen relatives, not the individual in question. Having a child in the country is rarely enough; if the child is healthy, the removal of a parent would cause hardship but would likely not meet the definition of “exceptional and extremely unusual hardship.” Circumstances that may clear this hurdle include:
- Serious medical conditions affecting a spouse, parent, or child that require ongoing treatment and support
- A child’s significant educational needs, health needs, or disabilities
- Financial dependence on the individual and limited support abroad
Be prepared to show strong documentation and testimony to meet this criteria. General emotional hardship is a very real problem for individuals and their loved ones, but on its own, it’s rarely enough to qualify.
Cancellation of Removal Success Rate
Many people ask about our cancellation of removal success rate. Approval rates vary widely for this type of relief, since decisions are influenced by:
- Type of cancellation sought
- Strength of the evidence available
- Which immigration judge is assigned to the case
- Any mitigating factors
- The annual cap on cancellations of removal for non-permanent residents
Cancellations of removal are limited to 4,000 per fiscal year for non-permanent residents, which makes this type of relief somewhat competitive. Being prepared and having an experienced cancellation of removal lawyer is critical.
How the Cancellation of Removal Process Works
These cases are decided in immigration court. The process involves master calendar hearings, filing detailed applications and evidence, a final merits hearing, and testimony from the applicant and witnesses.
During the merits hearing, the judge assigned to the case evaluates the individual’s and case’s credibility, documentation, and overall eligibility. The standard of proof is very high in these cases, and judges have broad discretion regarding their final decisions.
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How the Cancellation of Removal Process Works
At Jorge Munoz Law Firm, we understand how much pressure is on you when you seek this form of relief. We help by:
- Determining whether or not cancellation of removal is realistically an option
- Identifying qualifying relatives and potential hardship factors
- Gathering necessary medical and financial evidence
- Preparing written declarations and testimony
- Representing you in immigration court
- Responding to challenges and legal arguments from the government
We know how much is at stake for individuals counting on cancellation of removal. We’re here to give you a fair shot at relief that allows you to stay in the United States.
Schedule a Consultation with a Cancellation of Removal Lawyer
If you’re seeking cancellation of removal so you can remain in the United States with your family, we’re here to help you. Let’s discuss your case and next steps during a consultation. Call us at 786-678-8587 or reach out online to set up a time to talk now.