For immigrants in the United States, documented or undocumented, few things can feel more overwhelming than the threat of deportation. For many people, removal from the United States is a worst-case scenario that could result in unimaginable harm.
Fortunately, avoiding removal could be possible, even if deportation proceedings have already begun. This process is complex, but a seasoned immigration attorney could provide you with the best chance of canceling your removal from the country. A Naperville cancellation of removal lawyer could make a significant difference in your case, so get in touch as soon as possible.
Understanding Cancellation of Removal
There is a specific window of time during a removal proceeding where cancellation of removal is a legal option. It is not an option for individuals who fear future deportation proceedings, but it is available in cases where removal proceedings have already begun.
Cancellation is different from most petitions in the immigration process in that it does not revolve around the submission of a form. Instead, the process plays out in court before a federal immigration judge. Only an immigration judge has the power to grant an application for cancellation of removal, which makes the process similar to a criminal trial in some ways.
Anyone facing removal can obtain legal counsel to advocate for their right to stay in the country. The guidance of cancellation of removal attorney in Naperville could play a vital role in halting the deportation process.
Permanent Residents vs. Undocumented Residents
There are two different approaches for pursuing cancellation, one used by legal permanent residents and another for non-legal permanent residents. While both approaches are similar, non-legal permanent residents will likely face additional challenges.
Permanent residents could succeed in their efforts to avoid removal by meeting certain requirements. First, they must have had permanent residency status for a minimum of five years at the time of the application. Additionally, they must also have continually resided in the U.S. for at least seven years following their legal admission into the country.
A permanent resident may only pursue cancelation once. This means anyone that has applied for cancellation of removal before is not eligible to do so again. Applicants must also have a criminal record free of any aggravated felony.
Finally, there is a discretionary merit requirement. An applicant or his or her cancellation of removal attorney in Naperville must convince the immigration judge that they deserve to remain in the U.S.
The process for canceling removal for individuals in the United States without legal status begins with a residency requirement. An individual must have lived in the United States for at least ten years prior to the date that he or she received notice of removal. Any person residing in the country for less than ten years is not eligible.
Undocumented residents must also establish that they are people of good moral character, which typically involves providing proof of no major criminal convictions or convictions of moral turpitude.
One of the most important requirements for cancellation of removal is for a resident without legal status to demonstrate that their removal will cause extreme hardship. This hardship must occur to a U.S. citizen or lawful permanent resident who is also an immediate family member, such as a minor child or an adult family member with special needs. A Naperville lawyer could further explain this requirement during an initial consultation.
Talk to a Naperville Cancellation of Removal Attorney Immediately
While the cancellation of removal is never guaranteed, it could be possible to avoid removal from the United States in your case, whether you are a legal permanent resident or live in the U.S. without legal status. Let a Naperville cancellation of removal lawyer help you fight back against the deportation process. Call now to schedule a private legal consultation.