Through the cancellation of removal foreigners who request it seek to legalize their situation in the country. It is an administrative procedure, established in the United States immigration system. Its main benefit is that it allows you to suspend the expulsion of a person from the country indefinitely. Moreover, you can obtain permanent residence.
The deportation process in the USA obliges you to leave the country in a forced manner. This after being notified by a federal immigration agency or by an immigration court. In the American legal language, deportation is also called expulsion or removal.
The cancellation of removal provided for in the INA, came to replace the previous legal figure. The one called “suspension of deportation”, by provision of the United States Congress. This other form of relief was in effect until March 1997.
If you or a family member of yours has been notified of a deportation process against you, reassure yourself. The Los Angeles immigration lawyers of Lluis Law are here to help you overcome this hard trance. We have been representing Latino immigrants in California for more than 40 years.
What does cancellation of removal mean?
This form of immigration relief can be used by both legal permanent residents and non-residents. The goal is to prevent their removal from the United States. Foreigners who are in deportation proceedings in immigration court may be eligible for this benefit. Applicants must have remained in US territory continuously for the past 10 years.
Likewise, they must enjoy proven good moral conduct and demonstrate that their deportation would subject an immediate family member (citizen or legal permanent resident) to “exceptional and extremely unusual difficulties”. With enough evidence to support the request, the immigration judge may decide to cancel the deportation process and grant the immigrant permanent resident status in the United States.
With the help of the best deportation cancellation lawyers it is possible to obtain this form of immigration relief. Contact now our immigration lawyers specializing in deportations, by phone (213) 687-4412 and schedule a free consultation.
Cancellation of removal for non-residents
According to the INA, cancellation of deportation for Non-Permanent Residents is a defense to avoid deportation that is available to certain foreigners with family members in the United States. When the person is benefited with cancellation of deportation without LPR, he receives a Green Card.
Cancellation of removal is a “defensive” request. That means it is a legal remedy available only to a person facing a deportation process in immigration court. Unlike other foreigners who apply for a permanent Green Card or Residence, through an application to the US Citizenship and Immigration Services (USCIS).
The eligibility requirements to obtain cancellation without permanent residence differ from other means to request and obtain a green card. Also, they are different from other types of cancellation of expulsion. The immigration lawyer representing a client should be familiar with the issue.
Cancellation of removal may be the only form of immigration relief that is available in law for foreigners in the process of removal. Therefore, before hiring a lawyer, make sure that you have already worked and won cases similar to yours. It is a long and complicated process.
For non-permanent residents in the US, the situation is even more complicated. Due to the the federal government approving a limited number of these cases annually. Non-residents are eligible to apply only once for cancellation of deportation. If the case is denied or you lose your residence, then you cannot reapply.
Cancellation of deportation for residents
When a legal permanent resident (LPR) is convicted of certain types of crimes, and as a sanction he is placed in a United States removal or deportation process, he may qualify to receive this benefit if he meets the requirements set forth in immigration laws .
Permanent residents who may apply must have lived continuously in the United States for at least 7 years. Also those people who have not been arrested or convicted of any crime during the first 5 years of stay in the country.
Once the requirements have been met and the judicial procedure that follows, the judge can approve the cancellation of removal or deportation. This immigration benefit for the Permanent Resident extends to the other members of his immediate family (spouse and children).
If you believe you qualify for such a case. Request a free consultation by phone (213) 687-4412 and we will gladly help you solve your case.
Cancellation of removal and its benefits
The most important benefit is undoubtedly the obtaining of the Permanent Residence Card, which gives the immigrant the right to live, study and work in the United States, without needing to apply for an employment authorization. However there are other important benefits such as:
- Be eligible to receive government assistance through social programs such as Medicaid, supplemental income security for people with disabilities, food stamps, etc.
- Social Security card.
How is the deportation removal process?
This process begins at the same time that the immigrant receives notification of expulsion and / or deportation from the country. To request the cancellation of deportation logically, an expulsion process must be open. If you do not have it, then you must ask USCIS to send you a notice of appearance and refer the case to the immigration court.
It is a prerequisite to complete the cancellation form of deportation form EOIR 42B (for non-permanent residents or undocumented aliens) or form EOIR 42A (for permanent residents). Cancellation of deportation is often also called law 42b or immigration relief 42b.
A copy must then be delivered to the U.S. Immigration and Customs Enforcement Service (ICE). Cancellation of deportation for permanent residents can only be requested in immigration court. For biometric data collection it is necessary to pay the fee of $ 185 to USCIS. For more information on immigration fees please consult the following USCIS link.
Good legal advice is key to the success of your case
The applicant must prepare his statement, organize all the required documentation and meet all the requirements together with the witnesses who will accompany him in court.
At the hearing with the immigration judge, all the necessary evidence (documents, testimonies of relatives and witnesses, sworn statements in writing, where it is established that one or more immediate relatives of the applicant will suffer exceptional difficulties in the event of being deported) must be presented.
During the deportation removal process, the immigrant is likely to become a permanent resident. If so, you will have to renew your Residence Card every 10 years or even apply for US citizenship if you meet the requirements.
However, if the request is denied, the foreigner would have to leave the United States. With the right professional help it is possible to turn this probability around.
What are the requirements for cancellation of deportation?
In addition to the EOIR 42B or EOIR 42A form and the payment of the fee corresponding to this procedure, the foreigner must comply with a series of requirements mentioned below.
- The immigrant must prove that he has resided in the US for more than 10 years.
- You must also convince the judge that your expulsion from the country will cause a close relative (who is a citizen or LPR) extreme difficulties.
Your lawyer will give you a complete list of all the documents that are required to submit the application. This includes:
- Copies of tax returns.
- Police reports of the city where he has resided.
- Proof of study of the child (s) (citizen or permanent resident) of the beneficiary.
- Medical reports of illness or physical disabilities through which an “exceptional and extremely unusual” difficulty is established.
- Reports of psychiatrists / psychologists or therapists certifying that the deportation of the family member will have effects on the permanent resident or citizen.
- Copies of ownership documents or evidence of the assets the immigrant possesses in the United States.
- Bank statements and investments of the immigrant.
- Evidence that contributes to establish that the foreigner cannot return to his country of origin due to the economic, political or social conditions prevailing there and that may cause extreme difficulties to the citizen relative or permanent resident.
What is an immigration motion?
The motion to reopen a deportation case is a remedy provided in immigration laws to prevent expulsion or removal from the country in very specific circumstances after receiving a deportation order.
The requirements to file a motion to reopen a case in court are two fundamentally:
- There must be a deportation order against the foreigner.
- The person must be present in the US by the time the deportation is ordered. If the foreigner decides to leave the country voluntarily or necessarily, then the motion will be considered abandoned. Similarly, if the immigrant leaves the US and then returns illegally, it will not be considered.
Under what circumstances can a motion be filed to reopen a case?
The motion to reopen an already sentenced immigration case that caused the deportation order can be admitted by the immigration judge under certain circumstances. The immigration lawyer can claim:
- A change in the law or invocation of new legal arguments that for the moment were not taken into account;
- That certain aspects of the case were not taken into consideration, such as the following circumstances:
- The foreigner has the right to obtain a Green Card by marriage to a permanent resident or US citizen or a green card for employment, TPS, Asylum in the US, etc.
- By passing a rule contemplated in immigration law that favors the foreigner.
- If the lawyer who defended the immigrant during the deportation case did not act professionally or did not have sufficient capacity and made inexcusable errors such as not taking into account legal deadlines, notifications, he did not invoke due legal arguments and others.
The deadline to file a motion to reopen the case is 90 days. However, if the deportation order is issued by an immigration judge or comes from the appellate court (BIA) it is computed differently. In the absence of the foreigner it may even take years.
If you want to learn more about this topic please check our article about the immigration appeal process.
Cancellation of removal by VAWA
The United States Violence Against Women Act (“VAWA”) is a federal law created to help abused immigrants who are subject to an expulsion procedure. Through VAWA the immigration lawyer manages to cancel the expulsion or deportation and it is possible for the immigrant to obtain legal permanent residence.
Who is eligible for VAWA expulsion cancellation?
Immigrants eligible to submit a VAWA cancellation cancellation request do not necessarily have to be women. But they must be within the categories mentioned below:
- Spouses abused by legal residents or US citizens.
- Sons / Daughters abused by legal residents or US citizens.
- Parents not abused by children who have been abused by a U.S. citizen or permanent resident, even if not married to the abuser.
If eligible, the applicant must prove that:
- You are being abused or subjected to extreme cruelty.
- He has been living in the United States for 3 years.
- You have extreme difficulties either your children or father.
- He has been a person of good moral character in the last 3 years.
However, this immigration relief will be denied if the applicant is:
- Inadmissible for criminal or security reasons.
- Deportable for committing marriage fraud, falsifying documents or having no record.
- Condemned for committing a serious aggravated crime.
How to request cancellation of VAWA?
After the foreigner is placed under an expulsion process, he must appear before a court. Subsequently, you must submit Form EOIR 42B along with the documents that support the request.
If the immigration judge decides to grant the cancellation of the deportation, the process ends and the foreigner obtains the permanent legal residence or Green card.
There is another procedure or benefit established in the Immigration Law similar to that of asylum, which also allows the immigrant to avoid deportation but should not be confused with withholding of removal . It is the retention of expulsion that applies to foreigners who demonstrate the credible fear of returning to their country.
If you would like more information, do not hesitate to visit our article to know in depth what the VAWA visa is.
Cancellation of removal and adjustment of status
After performing the entire procedure related to the cancellation of deportation according to the law, your status can be adjusted to the legal permanent resident. The procedure for adjusting status is done through a request addressed to USCIS.
For any case related to immigration matters of you or your family member, Lluis Law’s criminal and immigration lawyers are at your disposal and help you solve all your doubts. We have vast experience in representing immigrants in the Los Angeles area.