Cancellation of Removal: A Path to Staying in the U.S.

Introduction

In today’s dynamic world, people often find themselves facing immigration challenges that can be daunting and life-altering. One such option available to individuals who are at risk of deportation in the United States is “Cancellation of Removal.” This article will delve into the intricacies of Cancellation of Removal, its eligibility criteria, and the steps to apply for it. By the end of this comprehensive guide, you will have a better understanding of how this legal process can be a path to staying in the U.S.

Cancellation of Removal

Understanding Cancellation of Removal

What is Cancellation of Removal?

Cancellation of Removal is a legal remedy available to certain non-permanent residents in the United States who are facing deportation. It allows them to obtain legal permanent resident status (a green card) and ultimately, a chance to stay in the country.

Who is Eligible for Cancellation of Removal?

To be eligible for Cancellation of Removal, an individual must meet specific criteria, which can be summarized as follows:

1. Continuous Physical Presence

The applicant must have been continuously physically present in the U.S. for at least ten years before receiving a Notice to Appear in immigration court.

2. Good Moral Character

Applicants must demonstrate good moral character throughout the ten-year period and must not have committed certain crimes that would disqualify them.

3. Family Ties

Family ties to U.S. citizens or lawful permanent residents can strengthen an applicant’s case for Cancellation of Removal.

4. Exceptional and Extremely Unusual Hardship

The applicant must also prove that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or permanent resident spouse, parent, or child.

The Process of Applying for Cancellation of Removal

Once an individual meets the eligibility criteria, they can initiate the process of applying for Cancellation of Removal, which typically involves the following steps:

1. Hire an Attorney

It is highly recommended to seek legal counsel from an experienced immigration attorney who can guide you through the process and build a strong case on your behalf.

2. Gather Supporting Documents

Collect all necessary documents to support your case, such as proof of continuous physical presence, evidence of good moral character, and documentation of the hardship your family would face if you were deported.

3. Prepare and File Form EOIR-42A

The applicant must complete and file Form EOIR-42A, known as the Application for Cancellation of Removal, with the immigration court. This form includes detailed information about the applicant’s immigration history, criminal record (if any), and the basis for requesting relief.

4. Attend Court Hearings

Applicants will be required to attend court hearings to present their case and provide testimony. The immigration judge will assess the evidence and decide whether to grant or deny Cancellation of Removal.

5. Await the Decision

After the court hearings, the judge will render a decision. If Cancellation of Removal is granted, the individual will receive legal permanent resident status.

Conclusion

Cancellation of Removal is a complex legal process that offers a lifeline to those facing deportation in the U.S. By meeting the eligibility criteria and following the necessary steps, individuals can secure their place in the country and build a better future for themselves and their families.

FAQs (Frequently Asked Questions)

1. What is the difference between Cancellation of Removal and Asylum? Cancellation of Removal is for non-permanent residents already in the U.S. facing deportation, while asylum is for individuals seeking protection from persecution in their home country.
2. Can I apply for Cancellation of Removal if I have a criminal record? It depends on the nature and severity of the crimes committed. Some criminal convictions may disqualify you from eligibility.
3. How long does the Cancellation of Removal process typically take? The process can vary, but it often takes several months to a year or more, depending on the immigration court’s backlog.
4. Is hiring an attorney necessary for a Cancellation of Removal case? While it’s not mandatory, having an experienced immigration attorney greatly increases your chances of success and helps navigate the complexities of the legal process.
5. Where can I find more information about the Cancellation of Removal process? You can consult the U.S. Citizenship and Immigration Services (USCIS) website or seek guidance from an immigration attorney for detailed information and assistance.

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