Deportation – How to Handle Cancellation of Removal Case

How to Get a Cancellation of Removal

There are few things more stressful for an immigrant that facing deportation proceedings and potential removal.  Cancellation of removal is not simple or straightforward and it is highly recommended that you hire an experienced immigration attorney to assist you in deportation proceedings.  U.S. Citizen and Immigration Services describe cancellation of removal as follows, “A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.”  If you successfully win your cancellation of removal a judge will grant you an immigration bond. It is important to understand that, just like many other types of immigration cases, this is complex and individuals must meet certain requirements to be eligible for an immigration bond.

U.S. Department of Justice Cancellation of Removal Qualifications

• Permanent Resident Aliens Eligible for Cancellation of Removal: You may be eligible to have your removal cancelled under section 240A(a) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must establish in a hearing before an Immigration Judge that:
  1. You have been a permanent resident for at least five (5) years;
  2. Prior to service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(a)(2) of the INA, or prior to committing a security or related offense referred to in section 237(a)(4) of the INA; — you have at least seven (7)years continuous residence in the United States after having been lawfully admitted in any status; and
  3. You have not been convicted of an aggravated felony

Hire an Attorney to Help You Apply for Cancellation of Removal

At Alcock Law, we cannot stress strongly enough the importance of hiring an attorney if you are facing deportation hearings and want to apply for cancellation of removal.  The burden of proof that you should be granted an immigration bond is on you and if you do not successfully supply the necessary evidence, you will likely be deported.  The legal requirements and navigating immigration court can be very confusing and missing even one document could lead to an unfavorable outcome.  At Alcock Law, we understand the law and have represented many individuals in their cancellation of removal deportation hearings.  We can help you complete all necessary paperwork, file in a timely manner, and present the necessary evidence to the immigration judge that you should be granted cancellation of removal and an immigration bond that will allow you to stay in the United States.