Being placed into removal proceedings can be a source of fear for many immigrants, regardless of status. An immigration judge may order you to return to your home country if you lose your case. The stakes are high, but you may have another course of action if you receive a deportation order.
A cancellation of removal is a limited form of relief from a deportation order. It may be requested during removal proceedings by certain nonpermanent and permanent residents of the U.S. if they meet requirements. If a cancellation of removal is awarded, the individual gains or preserves their permanent residency in the U.S.
A cancellation of removal may be requested by both lawful permanent residents and undocumented immigrants who are in a removal proceeding. For permanent residents to request a cancellation of removal, they must file Form EOIR-42A and prove:
For nonpermanent residents to request a cancellation of removal, they must also file Form EOIR-42A and establish:
An immigration judge will decide to grant or deny the cancellation of removal. To make the decision, the judge will take many factors into account, including the eligibility of the individual. It is possible to be denied, even if you are eligible. These other factors include:
The judge will often consider the family of the individual in question, and how they would suffer if they were separated from the individual or if they were to accompany the individual to their home country. The judge will evaluate if there are necessary resources for the family members to find work, education, and other needed services.
There is a large amount of preparation and research that goes in to the decision of a cancellation of removal. It is important to have the support and counsel of an experienced immigration attorney to help you fight for cancellation.
Removal proceedings are serious, and a cancellation of removal may be your chance to remain in the United States. Having knowledgeable, experienced representation can protect you, and help you understand the complex legal matters of removal. Our Miami immigration attorney, Daniel Sibirsky, is a Board Certified Specialist in Immigration and National Law. He has the knowledge, experience, and court-tested skill to defend you from deportation.
Contact Sibirsky Law Firm, P.A. at (305) 381-9797 to schedule a case consultation.