Cancellation of Removal

If you are facing deportation, and you need cancellation of removal, then it is important to recognize that there are options available to you.

Over the years, deportation and removal has become an increasing threat to immigrations. While only 33,000 people were deported in 1995, they number over doubled by 2003 with over 77,000 immigrants being deported. Cancellation of removal is one of these options – available to those placed in removal proceedings who are seeking suspension of deportation.

Under the Immigration Nationality Act (INA), you may be eligible if you:

Have been physically in the U.S. for ten years or more

Are deemed to be of “good moral character”

Have not been criminally convicted

You may also be eligible under the following circumstances:

Exposure to “extreme cruelty” in the U.S. by spouse and / or parent

Have been physically in the U.S. for three years or more

Are deemed to be of “good moral character”

Have not been convicted of an aggravated felony

Your removal would cause hardship to you, your child(ren) or your parent(s)

If the above sounds like something you are eligible under, it is encouraged that you get the involvement of an attorney to walk you through the proceedings. The first step will be fill out and submit Form EOIR-42B, along with filing and biometrics to the USCIS. Supporting documents can also be submitted to prove eligibility (for example, showing you have maintained physical presence).

How a New York Immigration Attorney Can Help You

Removal proceedings can be difficult to go through as there is a lot of uncertainty as to what will happen and a general anxiety concerning friends, family, and possibly work. It is vitally important that you do not hesitate to get the involvement of an experienced attorney to protect your legal rights during this time. There are penalties that can be implemented if you fail to answer accurately and honestly on all forms, and you may face deportation if not handled correctly. By working with a knowledgeable lawyer, you can ensure that you are given the best possible chance of success.