Let Us Defend You
It can be terrifying as an immigrant to face the idea of deportation. If the law has accused you of illegal immigration or you have committed a violent crime, the government may decide to begin deportation proceedings against you. However, there are some ways to defend yourself. If you hire our excellent Denver cancellation of removal Lawyer, he may be able to use cancellation of removal in your favor. Cancellation of removal is a kind of immigration relief available to people who have been placed in removal proceedings in front of the U.S. Executive Office for Immigration Review.
Lawful Permanent Residents
Eligibility requirements for lawful permanent residents are slightly less stringent than for nonpermanent residents. In order to qualify for cancellation of removal, you must file Form EOIR-42A and establish you have:
- Been a lawful permanent resident for at least 5 years
- Continually resided in the United States for at least 7 years after being lawfully admitted and before receiving the notice to appear at the removal proceeding
- Not been convicted of an aggravated felony
You are not required to show potential hardship to yourself or your family member if you were to be deported. However, this defense cannot be used more than once. If you face removal proceedings again, you will not be able to use cancellation of removal.
If you are a foreign national who is otherwise inadmissible to or deportable from the United States, you may be eligible for cancellation of removal and an adjustment of status to a lawful permanent resident if you file Form EOIR-42B. You must also be able to indicate to the judge that you:
- Have been physically present in the country for a continuous period of at least 10 years prior to receiving the notice to appear at the removal proceeding;
- Have been a person of good moral character during your stay;
- Have not been convicted of a criminal offense that makes you deportable (such as crimes of moral turpitude); and
- Have a U.S. citizen or lawful permanent spouse, parent, or child who would suffer exceptionally if you were deported.
Violence Against Women Act
If you are a woman whose U.S. citizen or permanent resident family member is abusive, you can qualify to have a removal canceled in a situation where you can’t claim hardship. You must prove:
- You were the victim of battery or extreme cruelty, or your child was subjected to such treatment;
- You maintained a continuous physical presence in the United States for 3 years prior to receiving the notice to appear at the removal proceeding;
- You have been a person of good moral character for your stay;
- You are not otherwise inadmissible or deportable;
- You have not been convicted of an aggravated felony;
- Your deportation would result in extreme hardship to a child of a U.S. citizen or lawful permanent resident;
- You are a child whose deportation would result in extreme hardship to your parent.
Decision Regarding Cancellation
The judge will ultimately decide to grant or deny your application. Even if you meet all eligibility requirements, the judge can still deny you if he or she is not persuaded you merit this treatment. The judge will likely look at all aspects of your life, especially your contribution to your family and community. Also, your own hardship will not be under consideration, only that of your child, parent, or spouse. If the judge does decide to deny you, you usually have the right to file an appeal with the Board of Immigration Appeals (BIA). Appeals are best done with the assistance of a good lawyer.
Trust Our Skilled Denver Cancellation of Removal Lawyer
You will need an experienced Denver deportation defense attorney on your side if you want to present your case to the judge best. Our highly rated firm has a skilled legal team that is not afraid to go the distance to ensure your rights are defended. Trust our knowledge, and make sure you give yourself the best chance possible to remain in the United States.