There are currently over 300,000 people involved in deportation proceedings before an US immigration judge. For the removal process to be complete, the US Government will have to prove without any doubt that there is legal reason for removal.
If you or someone in your family is subject to a deportation order, you should know there are several things you can do to fight. Common forms include waivers of inadmissibility, adjustment of status, asylum and withholding. One of the most successful options is getting an immigration attorney to obtain cancellation of the deportation removal order. In most instances, this form of appeal will help stay the deportation process.
A reliable immigration lawyer will provide free consultation in this case, before they take your case to court. Below are a few things to clarify the entire procedure.
What is cancellation of removal?
This is a limited form of relief from deportation, for legal permanent or non-permanent residents to the US.
Who is eligible for this?
Cancellation is available to certain non-permanent residents if they have uninterruptedly lived on US ground over the past 10 years. Also, the candidate will have to be prove the fact that he is of good moral character and doesn’t have any criminal offense convictions to his name. Another condition would be to prove that a resident’s removal might have a negative and extreme impact on his family.
There are a few exceptions to this. An immigration attorney will tell you that even permanent residents who have been convicted of certain crimes in the past may be eligible, if they are able to prove they were present on US ground uninterruptedly over the past seven years, and were never arrested or convicted for any crime, throughout their first five years of residency. To explain this in other words: if you or someone in your family has been a resident for 6 years and a half and have been arrested for a crime such as controlled substance possession, you are no longer eligible for removal cancellation procedure. If there have been 7 years of uninterrupted residence but within this time frame you have been convicted of aggravated felony, you are also not eligible.
Some factors are definitely in favor of cancellation or removal. These include a long residency in the United States, the fact that the resident has strong family ties in the country, they own property or business, or they are able to provide evidence of service rendered to local communities. Other factors include proof of service in the US Armed Forces or of rehabilitation.
A good immigration attorney will file your request for cancellation using an EOIR-42A form. In case the request is granted, removal proceedings are stopped and you may go on living your life in the US. Another thing you should know, however, is that a second cancellation request will be likely not admitted.
The most important thing when facing a deportation order is to seek legal counsel. Find yourself a reliable immigration attorney who will be able to help you fight the decision in a solid, successful manner.