Cancellation of Removal

Baltimore Cancellation of Removal Attorneys

When facing deportation, known as removal proceedings, the uncertainty and fear can be overwhelming. You may be separated from your family and the life you have built here with little ability to return.

Having the support and guidance of an experienced immigration lawyer in these situations is crucial. At Griffith Immigration Law, we focus our entire practice on this field of law and helping individuals, families, businesses, and investors achieve their immigration goals and dreams.

If you have received a Notice to Appear, which begins the deportation process, we can help. One avenue we may explore is cancellation of removal, a legal process that can help you stay in the United States. Our experienced and dedicated attorneys will do everything possible on your behalf to protect the life you have created in this country.

Get started now by consulting a Baltimore cancellation of removal lawyer. Contact us at (410) 883-9157. Hablamos español.

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Cancellation of Removal in Deportation

Removal proceedings, also known as deportation proceedings, are legal proceedings initiated by the U.S. government to determine whether an individual should be removed from the country. These proceedings occur before the immigration court, where an immigration judge hears the case and determines the individual's fate.

Cancellation of removal is available to both lawful permanent residents (green card holders) and undocumented immigrants who have been living in the United States for a specific period. You must apply with the U.S. Department of Justice for cancellation of removal.

The eligibility criteria for cancellation of removal vary depending on your immigration status:

LAWFUL PERMANENT RESIDENTS

To qualify for cancellation of removal as a green card holder, you must have been a lawful permanent resident for at least five years, have continuously resided in the U.S. for at least seven years after being admitted, and have not been convicted of certain serious crimes.

UNDOCUMENTED IMMIGRANTS

Undocumented immigrants can apply for cancellation of removal if they have been living in the U.S. for at least ten years, have demonstrated good moral character, have not been convicted of certain crimes, and can prove that their removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

The Application Process

The process for seeking cancellation of removal involves several steps.

A general overview of the process includes:

Gather documentation. Collect all the necessary documents to support your eligibility. These may include proof of continuous residence, evidence of good moral character, and documentation demonstrating hardship to qualifying relatives.
Prepare Form EOIR-42B for permanent residents or EOI4-42A for non-permanent residents accurately and fully to apply for cancellation of removal.
File the application. Submit the completed form and the required filing fees to the designated government agency.
Attend court proceedings. If your application is accepted, you will attend a hearing before an immigration judge. During the proceedings, you will present evidence supporting your eligibility and explain why you should be allowed to remain in the U.S.
Immigration judge’s decision. The immigration judge will review your case and determine whether you should be granted or denied cancellation of removal. The decision is based on the merits of your case and whether you meet all requirements.
Explore appeals and relief. If your application is denied, you may have the option to appeal the decision or explore alternative forms of relief.

Is Cancellation of Removal Difficult to Win?

Cancellation of removal cases can be challenging to win due to strict eligibility requirements and the need to present a compelling case. The burden of proof lies with you as the individual seeking cancellation, and you must demonstrate that you meet all the necessary criteria. Additionally, immigration judges have discretionary power when deciding cancellation cases, making each decision unique.

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Why You Need Griffith Immigration Law

Navigating the complex legal landscape of cancellation of removal requires the knowledge and skills of an experienced immigration lawyer. Immigration laws are intricate and constantly evolving. Our legal team is well-versed in the nuances of cancellation of removal and can provide accurate advice tailored to your situation.

We can assess your case, gather evidence, and develop a solid legal strategy to maximize your chances of success. Our team will ensure all necessary documentation is filed correctly and on time, advocate for your rights, give your case a professional presentation before the immigration judge, and present counter-arguments against those made by the government's attorney. Should your application be denied, we can explore other avenues of relief.

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