Facing removal from the country, your loved ones, and your home is undoubtedly a stressful time. If you are a lawful permanent resident of the U.S. by way of a green card, a notice that you might be facing removal is quite an unwelcome shock. No matter how dire your circumstances seem, though, understand that there are always actions you can take to fight your pending removal. If you meet certain conditions and criteria, you might be able to successfully petition for what’s called “Cancellation of Removal.”
Cancellation of removal may only be heard before a judge in Immigration Court. Generally, in order for green card holders to successfully petition for this relief, you must show all of the following:
- You have been a lawful permanent resident of the U.S. for a minimum of five years before you file for cancellation of removal
- You were, in some capacity, admitted to the U.S. at least seven years (continually) prior to receiving a Notice to Appear
- You have not been found guilty of an aggravated felony
- You have not previously received cancellation of removal relief or a 212(c) waiver
- You deserve to win your cancellation of removal case and retain your green card (as a matter of discretion)
When you arrive at your immigration hearing, you should be prepared to demonstrate several things to the judge to support your staying in the country. The last requirement for being eligible for cancellation of removal, the discretion question, is a subjective test. The judge will weigh pros and cons and the societal value of letting you keep your green card. He or she will likely look at your criminal record, history as it relates to immigration violations, and the event that led to your appearing in immigration court.
How Can You Support Your Cancellation of Removal Case?
There are several factors that may prove persuadable to the immigration judge. Showing that you have strong familial ties to the U.S. and that it would cause a hardship to you and your loved ones if you were deported is one thing the judge considers. Business and commercial ties to the U.S., a good moral character, and a productive employment history all also work in your favor when pleading your case for cancellation of removal.
Contact RelisLaw
The good news is that if you meet the criteria for positive discretion, you have a good chance of prevailing at your cancellation of removal hearing if you retain the services of an experienced immigration attorney. Our firm is dedicated to helping you keep your family together in the U.S. Call us today at 1-800-514-4290 to receive a free 10-minute call regarding your immigration situation.
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