Despite the many common causes for nonpermanent resident removal charges, it is important to remember that there are options available to your loved ones. If someone you love was recently charged in Lombard and has been scheduled for deportation proceedings, it is important to act quickly. With an attorney at your side, you could help your loved one fight removal proceedings by applying for a cancellation of removal.
However, this process in of itself is complicated. Make sure you have an attorney at your side.
Causes for Removal Proceedings for Nonpermanent Residents
A nonpermanent resident could be facing removal charges at any time. If the government files a notice to appear, the government believes that someone could prove that the immigrant is not a U.S. citizen or resident, that the suspected person does not have a visa in the United States, and that he or she is from a foreign country. That includes every immigrant in the United States. Other avenues include having committed a crime that makes someone removable from the United States.
Some common ways nonpermanent residents face removal proceedings include being picked up for crimes that they have plead guilty to. They are stopped and turned over to ICE custody, and ICE puts them into removal proceedings.
If someone is looking for cancellation of removal at this point, that person would have to appear in front of an immigration judge. Only that judge has the authority to grant a cancellation.
Nonpermanent Resident Cancellation of Removal Proceedings
The process for a nonpermanent resident’s cancellation of removal would include meeting with an immigration attorney to review the circumstances of someone’s case, putting together application EOIR-42B, filing that application with the immigration courts, paying for the application fee with the Texas service center, and presenting that person’s application before the immigration judge in an individual hearing. Having an attorney help someone present his or her application, documentary evidence, and testimony to have an application granted is part of the process.
How Long Would This Process Take?
How long cancellation of removal for nonpermanent residents takes depends on whether or not the person is detained. For a person detained and in custody, his or her case would move quickly. It could take anywhere from one to six months. If the person is not detained, it could take years to get a final hearing.
Common Mistakes People Make When Applying for Cancellation of Removal
Some of the common mistakes people make on this type of application are not filling out the form correctly, applying when they are not eligible, and not presenting enough evidence to prove hardship to a U.S. citizen family member.
It is important to consult with an immigration attorney in cancellation of removal cases because people generally get only one shot at applying for the type of relief that they would be seeking from being deported from the United States. If they do not present their case well, they lower their ability and their chances of their application being granted by the immigration judge. If their application is not granted, they could be deported from the United States.
Benefits of Filing
One major benefit of filing is that once the application is filed, the immigrant could apply for employment authorization. This would enable them to obtain a social security number as well as other identity documents in the United States. If the application is granted, the immigrant would be able to obtain legal permanent residence as part of the process. They would be able to be a green card holder.
Speak to an Attorney Who Could Help File Relevant Applications
Having a loved one be detained by ICE is a horrifying thing to happen. However, the law provides a way for you to maximize your chances of stay by applying for a cancellation of removal. While there are many common causes for nonpermanent resident removal charges, there are still routes you could take to help your loved ones. One step that you must take, however, is to contact an attorney who could help your loved one stay in the country and fight the allegations made by the state. Reach out to a compassionate attorney today.