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Law Offices of Patrick C. McGuinness, LLC

Navigating Immigration Cases And Protecting Your Status - Plainfield, NJIn this article, you can discover:

  • Eligibility requirements for cancellation of removal.
  • Factors considered by immigration authorities.
  • Effect of cancellation of removal on immigration status.

What Are The Eligibility Requirements For Cancellation Of Removal?

To be eligible for cancellation of removal, an individual must demonstrate three key factors. Firstly, they must have been present in the United States for at least 10 years before the charging document was filed with the court. Secondly, they must possess good moral character, which means not having committed certain crimes or engaged in multiple infractions that would deem them ineligible. Lastly, they must have a qualifying relative, such as a U.S. citizen child, spouse, or parent, who would experience extreme and unusual hardship if the individual were to be removed.

What Factors Are Considered By Immigration Authorities When Determining Whether To Grant Cancellation Of Removal?

The decision to grant cancellation of removal rests with the immigration judge. The judge assesses whether the hardship experienced by the qualifying relative qualifies as extreme and unusual. They also examine the evidence presented to establish the individual’s 10 years of presence in the United States, which may include bank statements, bills, leases, pay stubs, or any other relevant documentation. Furthermore, the judge evaluates the individual’s moral character, looking for any disqualifying criminal offenses or infractions.

If You Are A Citizen For 10 Years, Can You Still Be Removed?

In general, once an individual becomes a citizen, they are not subject to removal unless they obtained citizenship through fraud. However, cases involving fraud are exceptional. For instance, if someone acquired residency and citizenship by dishonestly concealing their Nazi affiliation, their citizenship can be revoked, and they can be subject to removal. Such cases are extreme and uncommon.

What Is The Process Of Applying For Cancellation Of Removal?

The application for cancellation of removal is submitted before the immigration court while appearing before the judge. There is no specific form to apply for cancellation of removal through USCIS. The individual must complete the application, gather supporting evidence, and present it in court during the proceedings.

Can Cancellation Of Removal Be Sought By Individuals In Both Removal Proceedings And Immigration Court?

When an individual is in removal proceedings, they are already before the immigration court. Therefore, cancellation of removal can only be sought while in removal proceedings before the immigration judge.

What Is The Effect Of Being Granted Cancellation Of Removal On An Individual’s Immigration Status?

If an individual is granted cancellation of removal, they become eligible for lawful permanent residency (a green card) once a visa number becomes available.

What Happens If You Are Removed From The United States? What About Existing Investments?

In cases of removal, the process typically does not occur overnight. Individuals are usually provided with a reasonable amount of time to settle their affairs, such as selling assets or closing businesses.

However, extreme cases might involve immediate removal, such as if the individual has been detained due to criminal activities. The timeline for removal varies depending on factors like the individual’s deportation officer, their situation, and any associated equity.

What Options Are Available For Individuals Who Are Not Eligible For Cancellation Of Removal?

If an individual is ineligible for cancellation of removal but still has a genuine fear of returning to their country and has missed the one-year deadline to apply for asylum, they can apply for withholding of removal or protection under the United Nations Convention Against Torture.

The application process for these alternatives is similar to that of an asylum application. It requires demonstrating past persecution or a well-founded fear of future persecution in their home country.

For more information on Cancellation Of Removal In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 645-1006 today.

Law Offices of Patrick C. McGuinness, LLC

Get Your Questions Answered Today
(908) 645-1006

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