Cancellation of removal is one of a handful of tools to use when facing deportation proceedings. It involves petitioning the court to cancel your scheduled removal from the country even though the government has grounds to do so.
You do not have to face these challenges on your own. A seasoned deportation defense attorney could advise you if a petition might be successful in your case. Contact our office to schedule an appointment with a Cicero cancellation of removal lawyer and let us fight on your behalf.
Strict qualifications apply to cancellation of removal requests. Applicants must be able to show he or she has been in the United States for the previous 10 years to qualify. Physical presence in the country is necessary regardless of an applicant’s immigration status.
There is also a requirement related to an applicant’s character. He or she must establish he or she is of good moral character, which primarily means he or she has not been convicted of certain criminal offenses.
The final issue is often the most contentious. An immigrant facing deportation must show his or her removal would lead to exceptional and unusual hardship for family members that are citizens or lawful permanent residents of the U.S.
There is not a formal time limit for seeking this type of relief, at least according to federal statute. While there is not a deadline like the statute of limitations most criminal cases face, the judge overseeing removal proceedings could set a time limit for these or other motions.
For example, the immigration judge might inform the parties that any petition for cancellation should be presented at or some time before a master hearing. Despite the lack of a uniform timeframe, a cancellation of removal attorney in Cicero could help a person comply with the limits set by the court.
Before a party can seek relief through cancellation, he or she must first be involved in removal proceedings. That means relief is not available for anyone concerned about an impending deportation, even if it is likely. It could be possible for an attorney to petition the federal government for a Notice to Appear if they believe he or she qualifies for relief.
Once the case is underway, an immigrant must file a form with United States Citizenship and Immigration Services, along with a mandatory filing fee. These filings are made to the Immigration Court.
These requests are generally resolved at a hearing before the immigration judge. At the hearing, the applicant and his or her lawyer in Cicero have an opportunity to offer evidence showing cancellation of removal is appropriate, usually in the form of written documents or live testimony. The central issue at most of these hearings is establishing that qualifying relatives will suffer exceptional hardship if the removal goes forward.
Finally, the judge will consider all the evidence before making a decision. If he or she rules in favor of the applicant, the proceedings come to an end and lawful permanent resident status is granted. If the judge rules against the immigrant, deportation will commence.
When you are concerned about your ability to remain in the United States, there might be forms of legal relief that protect you during the deportation process. These options are available, but success is never guaranteed. Give yourself the best chance of a favorable outcome by seeking guidance from a Cicero cancellation of removal lawyer. Call today to schedule a consultation and get started on your case.
