Being forced to leave the United States after residing in the country for several years can be a devastating notion to any immigrant, especially if you have family members residing in the United States with you. Although you may be able to appeal your removal under certain circumstances, you will have to go through a few court hearings and put a lot of work into your defense.
Successfully contesting a case for removal filed by the United States Citizenship and Immigration Services is extremely difficult and trying to do so without help from a seasoned immigration attorney could make it more difficult. If you believe you qualify to stay in the U.S. despite receiving a Notice to Appear (NTA) in court for the start of removal proceedings, retaining a Bolingbrook cancellation of removal lawyer is in your best interests.
Once the Department of Homeland Security (DHS) decides to seek an immigrant’s removal from the United States, DHS will send a Notice to Appear (NTA) form to the address they have on file for the immigration in question. This form will detail the grounds on which DHS intends to seek the recipient’s removal and set a date for a Master Calendar Hearing, during which the recipient can declare their intent to challenge the case against them and pursue cancellation of removal.
If an NTA recipient chooses to fight their case in court, a second individual calendar hearing will be scheduled for the immigrant and their Bolingbrook can attorney, if they choose to retain one, to argue for the cancellation of their removal. If the judge elects to grant this cancellation, the case will immediately close, and the defendant will be allowed to stay in the United States.
While an NTA recipient can seek cancellation of removal as a legal permanent resident (LPR) of the United States, there are numerous criteria they have to meet to be eligible for such a dismissal. A local cancellation of removal legal advisor could clarify for an individual what they need to prove to have their removal proceedings canceled.
In addition to filing an EOIR-42a form with the immigration court during the hearing scheduled in their NTA, a person must also have had that green card for a minimum of five years, resided in the U.S. for seven years, and not have been convicted of any aggravated felonies. Despite the terminology used, aggravated felonies may include certain misdemeanor offenses as well as violent offenses. A petitioner must also demonstrate the presence of discretionary factors that would make their removal unreasonable, such as hardship on family members or service in the U.S. military.
The requisite form to apply for cancellation of removal without a green card is Form EOIR-42a, and the minimum residency requirement is extended to 10 years. Furthermore, a petitioner must maintain good moral character and refrain from committing serious crimes while in the United States, as well as show that their removal would constitute exceptional hardship on family members who live in the U.S. as legal permanent residents or citizens.
Successfully achieving cancellation of removal is difficult under all circumstances, and the option to seek this type of case result is not available to everyone. If you are eligible for it, seeking cancellation of removal could be key to preserving not only your future prospects but those of your family members as well.
Hiring a Bolingbrook cancellation of removal lawyer should be your first priority if you intend to contest a case laid out against you in a Notice to Appear. Call today to schedule an initial consultation and discuss the options available to you.