There are numerous reasons for a foreign national to immigrate to the United States; however, there is likely one reason for them to stay in the country. They seek to stay in the U.S. because they now call it their home. Thus, when an immigrant is faced with deportation, they are likely panicked as they search for ways to remain in the country.
Immigration law matters, especially those involving deportation, can be complex and overwhelming. However, there are options available to those facing removal orders. Immigrants have legal rights, and the law affords them the opportunity to assert a defense against removal orders.
Cancellation of removal
At Mark Citrin, P.A., we understand that defending against a deportation can feel overwhelming and intimidating. This is why our experienced attorneys take the time to explore the various forms of relief an immigrant could seek, ensuring our clients are aware of their options. These relief options could include asylum, withholding of removal, adjustment of status, Temporary Protected Status, under the Convention Against Torture, waivers of inadmissibility, administrative closure, prosecutorial discretion, voluntary departure and the cancellation of removal.
Depending on the form of relief sought, specific requirements need to be met. For a cancellation of removal, if this relief is granted, the immigrant will either have their green card restored or will qualify for one if they were an undocumented alien. There are two types of cancellation of removal, with the first one for existing permanent residents and the second one for nonpermanent residents.
Lawful permanent residents and cancellation
For lawful permanent residents seeking cancellation of removal, an immigration judge will require proof of five things. First, that they have been a lawfully admitted permanent resident at least five years. Next, that they have resided in the country continuously for at least seven years after being admitted. Third, that they have not been convicted of any aggravated felony. Fourth, that they are rehabilitated. Finally, they must prove that they deserve a favorable discretion of the judge.
Depending on your situation, you may need to prove additional requirements. Moreover, with the changing laws, there is often uncertainty and a greater fear of deportation. As such, it is essential that you take the time to understand your situation and legal rights afforded to you. A legal professional can help answer any questions you have so you have a better understanding of the laws, processes and opportunities to stop removal proceeding.
