Helping Clients Avoid Deportation

For non-permanent residents of the United States, facing deportation proceedings before an immigration judge can be frightening. Fortunately, cancellation of removal may be an option for you, depending on your circumstances. Cancellation of removal can help you avoid deportation as well as obtain permanent resident status and, eventually, citizenship in the United States.

If the government is seeking to deport you or a loved one, all that you’ve worked for in the United States could be lost. By working with a cancellation of removal lawyer on our team, you can fight against deportation proceedings in immigration court to remain in the United States and even obtain legal permanent resident status. Our attorneys understand what is at stake when facing the deportation legal process, and we are dedicated to keeping you and your family members together in the U.S.

Our team at Elizabeth Rosario Law, PLC, has years of experience helping clients avoid deportation when facing removal proceedings. If you qualify for cancellation of removal, we will do everything in our power to defend your rights and your family ties. For more information about cancellation of removal and to speak with an immigration lawyer on our team, call our office today at  616-530-0101

Who Qualifies for Cancellation of Removal?

The cancellation of removal process is a procedure that allows individuals to avoid deportation or removal from the U.S. Only certain people facing deportation qualify for cancellation of removal, and it’s essential to understand these qualifications before meeting with our team. There are two types of cancellation of removal, each depending on your specific circumstances.

To qualify for Section A cancellation, you must meet the following criteria:

• You are a lawful permanent resident (LPR)
• You have been a lawful permanent resident for at least five years
• You have lived in the United States for at least seven years after being lawfully admitted
• You have not been convicted of an aggravated felony

To qualify for Section B cancellation, you must meet the following criteria:

• You have non-permanent resident status
• You have lived in the United States for at least ten years
• You have no criminal convictions on your record that make you ineligible (domestic violence, drug charges, aggravated felonies)
• You have demonstrated good moral character while in the United States
• Your removal would result in extreme and unusual hardship to your immediate family members who are either U.S. citizens or who have LPR status

What Happens During Deportation Proceedings?

When you go to deportation proceedings, you will have the opportunity to bring our team of deportation defense attorneys with you. At the hearing, the immigration judge will weigh your “positive factors” against your “negative factors” to determine whether a cancellation of removal should be allowed.

Positive factors include the following:

• History of employment
• Family ties
• Community service
• Property and assets
• Extended residency in the United States

Negative factors include the following:

• Immigration violations
• Criminal convictions
• Attitude toward crimes, if applicable

How Do You Cancel a Deportation Order?

To successfully get a removal cancellation, you must work with a cancellation of removal lawyer on our team. At your individual hearing, our lawyers will present evidence on your behalf to show immigration judges that your deportation would cause your family extreme hardship. We will also show evidence of your family ties, your long-term residency in the United States, and proof of your good moral character.

If your deportation order is successfully canceled, you will get to stay in the United States. If you are already a lawful permanent resident, you will get to maintain that status. If you are an undocumented immigrant, you will essentially be granted lawful permanent resident status and be allowed to remain in the United States.

If you are facing deportation, it is essential to meet with our team of experienced deportation defense attorneys. Hearings can go either way, even if you present copious amounts of evidence in your defense. Our team will use the background and knowledge we have obtained through years of immigration hearings to protect your right to stay in the U.S.

What is “Exceptional and Extremely Unusual Hardship”?

Exceptional and extremely unusual hardship describes the hardship that you must demonstrate to the immigration judge in your removal proceedings. In most cases, to get a cancellation of removal approved, you need to prove that your deportation would cause your child, spouse, or parent to suffer a hardship that is much worse than the hardship generally expected from regular deportation.

For instance, if you live with your aging parent and provide essential services for them, like at-home medical care, this could be used to prove extreme hardship. Or, if you have a child in the United States and you are their primary caregiver, this could also be an example of extreme hardship. A cancellation of removal lawyer on our team can help you determine the circumstances in your life that would make it impossible for you to be deported. By presenting evidence of this hardship, you can convince the immigration judge in charge of your proceedings that you need to stay in the U.S.

How Can an Immigration Attorney Help Me?

Facing deportation and removal from the United States is a stressful and frightening experience. Fortunately, you do have recourse and can use legal proceedings to convince a judge that you should be allowed to stay in the U.S. It is essential to work with an immigration lawyer on our team to ensure you are presenting your evidence clearly to retain or gain permanent residency. Our attorneys at Elizabeth Rosario Law, PLC have years of experience helping clients avoid deportation, and we are confident we can help you, too. Contact us today by calling616-530-0101 to learn more about our services.