Is it possible to avoid deportation by cancellation of removal?

Deportation by cancellation of removal is an option that many immigrants take when facing a removal warning in the United States. For those facing a deportation order, there are legal tools that can provide a second chance. A process that, if handled correctly, can be key to avoiding deportation and allowing the immigrant to remain in the country. This article will explain how cancellation of removal works and how it can be used in your defense.

What is Cancellation of Removal and How Does It Work?

Cancellation of removal is a form of relief that can be requested by certain immigrants facing deportation. This procedure allows an immigration judge to cancel the deportation order if the immigrant meets certain legal requirements. Cancellation of removal is divided into two main categories: cancellation of removal for lawful permanent residents (LPR) and cancellation of removal for non-permanent residents.

Cancellation of Removal for Lawful Permanent Residents (LPR)

Permanent residents facing deportation due to certain crimes or immigration violations may apply for cancellation of removal. To qualify, they must meet the following criteria:

• Have been a lawful permanent resident for at least five years.
• Have lived in the United States for at least seven years after being legally admitted.
• Not have been convicted of an aggravated felony.

If the immigration judge grants cancellation of removal, the deportation order is annulled, and the immigrant retains their lawful permanent resident status.

Cancellation of Removal for Non-Permanent Residents

Immigrants who are not permanent residents may also apply for cancellation of removal if they meet the following requirements:

• Have been physically present in the United States for at least ten consecutive years.
• Have good moral character during those ten years.
• Demonstrate that their deportation would cause extreme and unusual hardship to a U.S. citizen or lawful permanent resident family member.

This option is especially important for immigrants who have built a life in the United States and whose deportation would cause great suffering to their loved ones.

Strategies for Filing a Cancellation of Removal

Filing a cancellation of removal application can be a complex and challenging process. Having proper legal representation is essential to maximize the chances of success. Here are some key strategies that can help in this process:

1. Comprehensive Documentation

It is crucial to gather and present all documentation that supports your case. This includes evidence of your continuous residence in the United States, your good moral character, and the impact your deportation would have on your family. Testimonials from friends, family members, employers, and community leaders can be particularly valuable.

2. Personal and Family Testimonies

In addition to written documentation, oral testimonies can play a crucial role in your defense. During the cancellation of removal hearing, both you and your family members can testify about the circumstances of the case, highlighting the hardships they would face if you were deported.

3. Early Submission of the Application

Since deadlines are strict in cancellation of removal cases, it is vital to act quickly. Submitting your application as soon as possible can improve your chances of success and give you more time to gather the necessary documentation.

4. Specialized Legal Advice

Because immigration laws are complex and constantly changing, it is essential to have an attorney specialized in deportation defense. An attorney experienced in deportation by cancellation of removal cases can guide you through the process, ensuring that your case is well-prepared and presented.

Changes to Deportation Laws in 2024 and Their Impact on Cancellation of Removal

The deportation laws and immigration policies in the United States are constantly evolving. In 2024, significant changes are expected that could affect how cancellation of removal applications are handled. These changes may include new regulations on who is eligible for cancellation of removal, modifications to residency and moral character requirements, and alterations in the appeals process.

It is important to stay informed about these changes and how they may impact your case. Consulting with an immigration attorney who is up to date on the latest deportation law updates is essential to ensure that your defense aligns with the new regulations.

How Long Does the Cancellation of Removal Process Take?

The cancellation of removal process is a critical legal tool for immigrants facing deportation in the United States. This option can provide an opportunity to avoid expulsion from the country and maintain immigration status, but it is important to understand that the process can be lengthy and complex.

Estimated Duration of the Cancellation of Removal Process

The time it takes for the cancellation of removal process varies greatly depending on several factors. Generally, the process can take anywhere from several months to over a year. Below are the main stages of the process and the estimated time for each:

Preparation and Submission of the Application:

• Estimated Time: 1 to 3 months
• Description: Preparing a cancellation of removal application requires comprehensive documentation and evidence supporting your case. This includes gathering residency records, proof of good moral character, and evidence of the impact your deportation would have on your family. The time required to prepare and file the application can vary depending on the complexity of the case and the availability of necessary documentation.

Initial Hearing with the Immigration Judge:

• Estimated Time: 2 to 6 months
• Description: Once the application is submitted, a hearing will be scheduled before an immigration judge. The wait time for this hearing may vary depending on the court’s workload and the region where the case is processed. During the hearing, the judge will review the evidence and hear arguments from the parties involved.

Decision by the Immigration Judge:

• Estimated Time: 1 to 3 months
• Description: After the hearing, the judge will make a decision on the cancellation of removal application. The duration to receive a decision can vary depending on the judge’s workload and the complexity of the case. In some cases, the judge may issue a decision immediately, while in others it may take several weeks.

Appeals and Review:

• Estimated Time: 6 to 12 months (if applicable)
• Description: If the cancellation of removal request is denied, there is the possibility of appealing the decision to the Board of Immigration Appeals (BIA). The appeal process may add additional time to the case, as the BIA will review the judge’s decision to determine if there were legal or procedural errors. The duration of the appeal may vary depending on the BIA’s workload and the complexity of the case.

The Role of Appeals in Defending Against Deportation

If your cancellation of removal request is denied, all is not lost. You have the option to appeal the decision to the Board of Immigration Appeals (BIA). The appeal is a process in which the immigration judge’s decision is reviewed to determine if there were any legal or procedural errors.

During the appeal, it is crucial to have an attorney experienced in defending deportation appeals. The attorney can present strong legal arguments to demonstrate that the initial decision was incorrect and that you qualify for cancellation of removal.

Conclusion

Facing a deportation order can be a frightening experience, but there are legal options available to protect your right to remain in the United States. Deportation by cancellation of removal is one of the most effective tools you can use to avoid deportation. However, success in this process depends on careful preparation, timely submission, and expert legal representation.

Don’t face deportation alone! If you or a loved one is at risk of deportation, contact our deportation defense attorneys in Dallas today. Our team at Perdomo Dorsett Immigration Law is here to provide the guidance and support you need to protect your future in the United States. Schedule a consultation to discuss your case and explore the legal options available to you.