If you find yourself in deportation proceedings as a green-card holder, you may qualify for a cancellation of your deportation, otherwise referred to as Cancellation of Removal.
In order to qualify you must prove to the immigration judge that:
- you have been a lawfully permanent resident for at least 5 years;
- you have resided in the U.S. continuously for 7 years after being admitted in any status;
- you have not been convicted of an aggravated felony;
- and you warrant a favorable exercise of discretion
Cancellation of Removal for Permanent Residents is a very complex and time intensive process. Immigration judges and DHS prosecutors will look for a reason to deny this request so it is pivotal to hire the best immigration attorney you can that understands the various pitfalls that come with this process.
A person convicted of an aggravated felony is ineligible for cancellation of removal and has the burden to convince the judge their offense should not be categorized as an aggravated felony. Regardless of the offense/conviction you are charged with, make sure your attorney thoroughly examines them as applying for this relief with an aggravated felony will result in denial. For example, just because you are considered deportable because of a certain offense, does not mean that offense is an aggravated felony for immigration purposes.
The court can weigh a variety of positive factors in determining whether it should permit you to stay in the U.S. such as:
- your family ties in the U.S.;
- how long you were a resident for;
- any hardship you or your family would suffer if you were to be deported;
- any U.S. military service;
- employment history;
- value/service to your community;
- evidence of your good moral character;
- proof of genuine rehabilitation if a criminal record exists.
This is not a process to take lightly as winning a Cancellation of Removal proceeding will put a stop to your deportation and permit you to leave DHS custody and reunite with your family. We have handled these cases before with great success as our reviews speak for themselves. Contact our office for a free consultation.